Murillo-Esparza v. Bar 20 Dairy Farms LLC

Filing 9

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED, signed by Magistrate Judge Stanley A. Boone on 01/27/2025. It is HEREBY ORDERED that within fourteen (14) days from the date of service of this order Plaintiff shall show cause why the ac tion should not be dismissed. Failure to comply with this order will result in a recommendation to dismiss this action for failure to state a cognizable claim for relief, failure to prosecute, and failure to comply with a court order. (Deputy Clerk JN)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE MURILLO-ESPARZA,

Case No. 1:24-cv-01354-KES-SAB

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Plaintiff,
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ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED

v.
(ECF No. 8)

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BAR 20 DAIRY FARMS, LLC,

FOURTEEN-DAY DEADLINE

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Defendant.
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Plaintiff is proceeding pro se and in forma pauperis in this wrongful termination and

17 discrimination action. On November 11, 2024, the Court screened Plaintiff’s complaint and
18 found that it failed to state a claim for which relief could be granted and gave Plaintiff 30 days to
19 file an amended complaint. (ECF No. 4.) Plaintiff failed to timely file an amended complaint or
20 otherwise respond to the Court’s order. The Court then issued findings and recommendations,
21 recommending the case be dismissed for Plaintiff’s failure to state a claim, failure to prosecute,
22 and failure to comply with a court order. (ECF No. 6.) Immediately thereafter, Plaintiff filed a
23 motion for an extension of time to file an amended complaint. (ECF No. 7.) The Court accepted
24 Plaintiff’s motion as intent to continuing litigating this matter and vacated its findings and
25 recommendations. (ECF No. 8.) In addition, the Court granted Plaintiff an additional 30-day
26 extension to file a first amended complaint. (Id.) Plaintiff has again failed to file an amended
27 complaint or otherwise respond to the Court’s December 20, 2024 order.
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Accordingly, Plaintiff shall be ordered to show cause in writing why the action should

1 not be dismissed for failure to state a cognizable claim for relief, failure to prosecute, and failure
2 to comply with a court order.
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It is HEREBY ORDERED that:

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1.

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show cause why the action should not be dismissed; and

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2.

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action for failure to state a cognizable claim for relief, failure to prosecute, and failure to

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comply with a court order.

Within fourteen (14) days from the date of service of this order Plaintiff shall

Failure to comply with this order will result in a recommendation to dismiss this

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IT IS SO ORDERED.

11 Dated:

January 27, 2025
STANLEY A. BOONE
United States Magistrate Judge

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