(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)

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