Harrell v. California Forensic Medical Group Inc. et al

Filing 58

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 10/23/2017 ORDERING, within 14 days, plaintiff shall show cause why this case should not be dismissed for failure to prosecute. (Yin, K)

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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 JOSHUA NEIL HARRELL, 12 Plaintiff, 13 14 15 No. 2:15-cv-0579 DB P v. ORDER TO SHOW CAUSE CALIFORNIA FORENSIC MEDICAL GROUP, INC., et al., Defendants. 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 19 under 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a magistrate judge. (ECF 20 No. 6.) On March 21, 2017, the court dismissed plaintiff’s fourth amended complaint. (ECF No. 21 51.) Plaintiff was permitted thirty days to file a fifth amended complaint. On June 29, 2017, 22 plaintiff moved for an extension of time. On July 11, 2017, the court granted plaintiff a thirty-day 23 extension of time to file a fifth amended complaint. (ECF No. 57.) On July 24, 2017, the copy of the July 11 order that was served on plaintiff was returned to 24 25 the court as undeliverable because plaintiff was no longer in custody. Based on a change of 26 address plaintiff filed in another action in this court, the court updated plaintiff’s address to 7217 27 Franklin Blvd., Ste. 370, Sacramento, CA 95823. On September 11, 2017, a copy of the court’s 28 //// 1 1 July 11 order was re-served on plaintiff at that address. Therefore, any fifth amended complaint 2 should have been filed within thirty days of the September 11 order. 3 4 5 Thirty days have passed, and plaintiff has not filed an amended complaint or otherwise responded to the court’s September 11 order. Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this order, 6 plaintiff must show cause why this case should not dismissed for failure to prosecute. See E.D. 7 Cal. R. 110; Fed. R. Civ. P. 41. 8 Dated: October 23, 2017 9 10 11 12 13 14 15 DLB:9 DLB1/prisoner-civil rights/harr0579.osc 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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