(PC) Concepcion v. California Department of Corrections and Rehabilitation et al

Filing 14

ORDER discharging Order to Show Cause and extending time for Plaintiff to respond to First Screening Order 9 - 13 signed by Magistrate Judge Jennifer L. Thurston on 10/9/2019. 21-Day Deadline.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHELLE CONCEPCION,

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

Case No.: 1:18-cv-01743-LJO-JLT (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND EXTENDING TIME FOR
PLAINTIFF TO RESPOND TO FIRST
SCREENING ORDER
(Docs. 9-13)
21-DAY DEADLINE

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On April 2, 2019, the Court issued a screening order in which it granted Plaintiff leave to

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file a first amended complaint. (Doc. 9.) At Plaintiff’s request, the Court granted an extension of

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time to respond to the screening order. (Doc. 10, 11.) Plaintiff failed to file an amended complaint

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or otherwise respond to the Court’s order by the extended deadline. Thus, the Court issued an

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order to show cause why this action should not be dismissed for failure to comply with the

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Court’s order and prosecute this action. (Doc. 12.)

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Plaintiff filed a response to the OSC indicating that he believed an administrative appeal
would be granted and that, when the administrative appeal was ultimately denied, he sought legal

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advice on how to proceed.1 (Doc. 13.) He states that he did not have sufficient time between the

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administrative-appeal denial and the screening-order deadline to receive the solicited advice.
Good cause appearing, the Court ORDERS:

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1. The order to show cause that issued on August 21, 2019, (Doc. 12) is

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DISCHARGED;

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2. Within 21 days from the date of service of this order, Plaintiff shall file a first

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amended complaint curing the deficiencies identified by the Court in the April 2, 2019

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screening order or, in the alternative, file a notice of voluntary dismissal.

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The Court notes that multiple months have passed since the issuance of its screening

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order. If Plaintiff fails to comply with the present order, the Court will dismiss this action
for failure to obey a court order and for failure to state a cognizable claim.
IT IS SO ORDERED.

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Dated:

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October 9, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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In his response, Plaintiff states that he is transgender male and requested that the Court address him with
male pronouns. The Court does so here.

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