McKay v. California Department of Corrections et al
Filing
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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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