(PC) Adams v. Shirley

Filing 13

ORDER to SHOW CAUSE Why Action Should not be Dismissed signed by Magistrate Judge Stanley A. Boone on 11/13/2023. Show Cause Response due within 14 days. (Xiong, J.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENRY ADAMS,

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Plaintiff,

No. 1:23-cv-01100-SAB (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED

v.
(ECF No. 12)
HEATHER SHIRLEY,

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Defendant.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
U.S.C. § 1983.

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On August 11, 2023, the Court screened Plaintiff’s complaint, found no cognizable claim,

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and granted Plaintiff thirty days to file an amended complaint. (ECF No. 9.) Plaintiff failed to file

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an amended complaint or otherwise respond to the Court’s order. Therefore, on September 20,

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2023, the Court ordered Plaintiff to show cause why the action should not be dismissed. (ECF No.

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10.) Plaintiff filed a response on October 3, 2023. (ECF No. 11.) In his response, Plaintiff stated

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that he was not able to file an amended complaint because he was placed in administrative

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segregation and was without his legal property. (Id.) On October 4, 2023, the Court discharged

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the order to show cause and granted Plaintiff thirty day to file an amended complaint in accordance

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with the Court’s August 11, 2023 screening order. (ECF No. 12.) Plaintiff has not filed an amended

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complaint or otherwise responded to the Court’s October 4, 2023, order and the time to do so has
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passed. Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause within fourteen

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(14) days from the date of service of this order why this action should not be dismissed for failure

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to prosecute, failure to comply with a court order, and failure to state a cognizable claim for relief.

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Plaintiff’s failure to comply with this order will result in a recommendation to dismiss the action

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for the reasons stated above.

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IT IS SO ORDERED.
Dated:

November 13, 2023
UNITED STATES MAGISTRATE JUDGE

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