Shah v. Employment Development Department

Filing 25

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/8/12 ORDERING that on or before 5/21/12, plaintiff shall show cause, in writing, why this action should not be dismissed for failure to prosecute and/or for failure to comply with court orders. Also on or before 5/21/12, plaintiff shall file an amended complaint, as provided in the 2/23 and 4/6 orders. Failure of plaintiff to comply with this order will result in a recommendation that this action be dismissed for failure to prosecute and/or for failure to comply with court orders. Defendants shall file a response to plaintiffs amended complaint within 14 days from the date an amended complaint is filed. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FERNANDO SHAH,
Plaintiff,

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No. CIV S-11-318 GEB EFB PS

vs.
EMPLOYMENT DEVELOPMENT
DEPARTMENT,

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Defendant.
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ORDER TO SHOW CAUSE
/

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This case, in which plaintiff is proceeding pro se, was referred to the undersigned

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pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 302(c)(21). On

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February 23, 2012, the court dismissed plaintiff’s complaint and granted plaintiff thirty days to

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file an amended complaint. Dckt. No. 21. Then, on March 23, 2012, plaintiff filed a document

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labeled “First Amended Complaint.” Dckt. No. 22. However, because the document was not an

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amended complaint and instead was an opposition to defendant’s earlier motion to dismiss, on

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April 6, 2012, the court struck the purported amended complaint and gave plaintiff until April

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30, 2012 to file a proper amended complaint to the extent that plaintiff could properly state a

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claim under Title II of the ADA, the Rehabilitation Act of 1973, or another appropriate federal

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statute. The order further provided that “[f]ailure to timely file an amended [would] result in a

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recommendation that this action be dismissed.” Id. at 3.
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The April 30 deadline has passed, and plaintiff has not filed an amended complaint or
otherwise responded to the court’s April 6 order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. On or before May 21, 2012, plaintiff shall show cause, in writing, why this action

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should not be dismissed for failure to prosecute and/or for failure to comply with court orders.
2. Also on or before May 21, 2012, plaintiff shall file an amended complaint, as
provided in the February 23 and April 6 orders.
3. Failure of plaintiff to comply with this order will result in a recommendation that this
action be dismissed for failure to prosecute and/or for failure to comply with court orders. See
Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110.
4. Defendants shall file a response to plaintiff’s amended complaint within fourteen days

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from the date an amended complaint is filed.

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Dated: May 8, 2012.

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