Storman v. Kaiser

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 4/23/15 ORDERING that within fourteen days of the date of this order Plaintiff shall show cause in writing as to why this action should not be dismissed for a lack of prosecution and failure to comply with the Court's Orders.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DAVID STORMAN, 12 No. 2:14-cv-2538 GEB DAD PS Plaintiff, 13 v. 14 KAISER, 15 ORDER Defendant. 16 Plaintiff Michael Storman is proceeding in this action pro se. This matter was referred to 17 18 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). 19 On April 29, 2015, the undersigned issued an order dismissing plaintiff’s complaint and 20 granting him twenty-eight days to file an amended complaint. (Dkt. No. 3.) On May 11, 2015, 21 plaintiff filed a motion seeking a sixty-day extension of time to file an amended complaint. (Dkt. 22 No. 7.) On June 5, 2015, the undersigned granted plaintiff’s motion for a sixty-day extension of 23 time to file an amended complaint. (Dkt. No. 9.) The sixty-day period has expired and plaintiff 24 has not filed an amended complaint.1 25 ///// 26 1 27 28 Although plaintiff has not filed an amended complaint, during the sixty-day period, he did file a motion for the appointment of counsel, (Dkt. No. 11), a request for a “ruling,” (Dkt. No. 14), and a document he referred to as “Exhibit B.” (Dkt. No. 15.) This action, however, cannot proceed in the absence of the filing of an amended complaint. 1 1 Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this 2 order plaintiff shall show cause in writing as to why this action should not be dismissed for a lack 3 of prosecution and failure to comply with the court’s orders.2 4 Dated: September 23, 2015 5 6 7 8 9 10 11 12 DAD:6 Ddad1\orders.pro se\storman2538.osc.docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 If plaintiff intends to prosecute this action he should file his amended complaint forthwith. 2

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