(PC) Davis v. Grase et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TERRENCE L. DAVIS,
J. GRASE, et al.,
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
(ECF No. 10)
FOURTEEN (14) DAY DEADLINE
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
failed to state a cognizable claim for relief. (ECF No. 10.) The Court’s screening order provided
Plaintiff with the legal standards that applied to his claims and granted Plaintiff leave to file a first
amended complaint within thirty days after service of the order. (Id.)
On August 7, 2019, Plaintiff filed a motion for an extension of time to file a first amended
complaint. (ECF No. 11.) On August 9, 2019, the Court granted Plaintiff’s motion and gave
Plaintiff an additional 30 days in which to timely file a first amended complaint. (ECF No. 12).
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.
Accordingly, it is HEREBY ORDERED that, within fourteen (14) days from the date of
service of this order, Plaintiff shall show cause in writing why the instant action should not be
dismissed for Plaintiff’s failure to comply with the Court’s June 26, 2019 screening order, failure
to prosecute, and failure to state a claim for relief. Plaintiff can comply with this order to show
cause by filing a first amended complaint in compliance with the Court’s June 26, 2019 screening
order. Plaintiff is warned that failure to comply with this order will result in a recommendation to
a district judge that the instant action be dismissed, with prejudice, for failure to prosecute, failure
to obey a court order, and failure to state a cognizable claim for relief.
IT IS SO ORDERED.
October 4, 2019
UNITED STATES MAGISTRATE JUDGE
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