McKay v. California Department of Corrections et al

Filing 10

ORDER to SHOW CAUSE why this Action Should not be Dismissed, with Prejudice, for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 07/24/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN McKAY,

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Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED,
WITH PREJUDICE, FOR FAILURE TO
STATE A CLAIM, FAILURE TO OBEY A
COURT ORDER, AND FAILURE TO
PROSECUTE
(ECF No. 9)
TWENTY (20) DAY DEADLINE

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Case No. 1:17-cv-00565-BAM (PC)

Plaintiff Jonathan McKay (“Plaintiff”) is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on April 21, 2017. (ECF No. 1.)

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On June 14, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to

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amend within thirty (30) days. (ECF No. 9.) The Court expressly warned Plaintiff that the failure

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to file an amended complaint in compliance with the Court’s order would result in this action

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being dismissed, with prejudice, for failure to obey a court order and failure to state a claim. (Id.

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at 12.) The deadline for Plaintiff to file an amended complaint has passed, and he has not

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complied with or otherwise responded to the Court’s order.

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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within
twenty (20) days of service of this order, why this action should not be dismissed, with prejudice,
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for failure to comply with the Court’s June 14, 2017 order, failure to state a claim, and failure to

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prosecute. Plaintiff can comply with this order to show cause by filing an amended complaint.

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The failure to comply with this order will result in the dismissal of this action, with

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prejudice, for failure to state a claim, failure to obey a court order, and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 24, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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