Crisp v. California Health Care Facility et al

Filing 37

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 07/16/18 ORDERING that within 14 days of the date of this order, plaintiff shall either dismiss this action or file an amended complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP, III,

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Plaintiff,

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No. 2:14-cv-1345 DB P

v.

ORDER TO SHOW CAUSE

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis with a civil

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rights action under 42 U.S.C. § 1983. Plaintiff alleges defendants violated his rights under the

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Americans with Disabilities Act (ADA) and failed to provide him with adequate medical care in

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violation of the Eighth Amendment.
By order dated May 30, 2018 the court dismissed the Third Amended Complaint (ECF

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No. 35) because plaintiff failed to comply with the requirements of Federal Rules of Civil

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Procedure 8(a)(2) and (d)(1). (ECF No. 36.) Plaintiff was ordered to file an amended complaint

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and was warned that failure to file an amended complaint could result in dismissal. Those thirty

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days have passed and plaintiff has not filed an amended complaint, requested additional time in

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which to file an amended complaint, or otherwise responded to the court’s orders.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order, plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so

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the court will recommend that this action be dismissed for plaintiff’s failure to comply with court

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orders and failure to prosecute. See E.D. Cal. R. 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41.

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Dated: July 16, 2018

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DLB:12
DLB:1/Orders/Prisoner.CivilRights/cris1345.osc

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