(PC) Davis v. Grase et al

Filing 13

ORDER REQUIRING Plaintiff to SHOW CAUSE in Writing Why Action should not be Dismissed for Failure to Prosecute, Failure to Obey a Court Order and Failure to State a Claim; Show Cause Response due within Fourteen (14) Days signed by Magistrate Judge Stanley A. Boone on 10/4/2019. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE L. DAVIS, 12 Plaintiff, 13 v. 14 J. GRASE, et al., 15 ORDER REQUIRING PLAINTIFF TO SHOW CAUSE IN WRITING WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO OBEY A COURT ORDER AND FAILURE TO STATE A CLAIM Defendants. (ECF No. 10) 16 FOURTEEN (14) DAY DEADLINE 17 18 19 Case No. 1:18-cv-01668-DAD-SAB (PC) Plaintiff Terrence L. Davis is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 26, 2019, the Court screened Plaintiff’s complaint and found that Plaintiff had 20 21 failed to state a cognizable claim for relief. (ECF No. 10.) The Court’s screening order provided 22 Plaintiff with the legal standards that applied to his claims and granted Plaintiff leave to file a first 23 amended complaint within thirty days after service of the order. (Id.) 24 On August 7, 2019, Plaintiff filed a motion for an extension of time to file a first amended 25 complaint. (ECF No. 11.) On August 9, 2019, the Court granted Plaintiff’s motion and gave 26 Plaintiff an additional 30 days in which to timely file a first amended complaint. (ECF No. 12). 27 /// 28 1 1 2 However, Plaintiff has not filed a first amended complaint or otherwise communicated with the Court, and the time in which to do so has passed. 3 Accordingly, it is HEREBY ORDERED that, within fourteen (14) days from the date of 4 service of this order, Plaintiff shall show cause in writing why the instant action should not be 5 dismissed for Plaintiff’s failure to comply with the Court’s June 26, 2019 screening order, failure 6 to prosecute, and failure to state a claim for relief. Plaintiff can comply with this order to show 7 cause by filing a first amended complaint in compliance with the Court’s June 26, 2019 screening 8 order. Plaintiff is warned that failure to comply with this order will result in a recommendation to 9 a district judge that the instant action be dismissed, with prejudice, for failure to prosecute, failure 10 to obey a court order, and failure to state a cognizable claim for relief. 11 12 13 IT IS SO ORDERED. Dated: October 4, 2019 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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