Hicks v. State Medical et al

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 3/6/2018 ORDERING, within 14 days, plaintiff shall either dismiss this action or file an amended complaint. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN HICKS, 12 13 14 15 No. 2:15-cv-0747 DB P Plaintiff, v. ORDER TO SHOW CAUSE STATE MEDICAL, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 18 under 42 U.S.C. § 1983. Plaintiff alleges that the water at “Tracy Medical” was contaminated, 19 which posed a dangerous risk to his immune system as an AIDS patient. (ECF No. 1 at 3.) 20 Plaintiff also alleged that defendant Lopez, a correctional officer was responsible for plaintiff’s 21 housing assignment on the third tier, which posed a dangerous risk to plaintiff because he has pins 22 and screws in his left knee and took psychiatric medication. (Id. at 2.) 23 On November 6, 2017 the court screened the complaint and dismissed it with leave to amend 24 because plaintiff’s allegations were too vague and conclusory to determine whether this action is 25 frivolous or fails to state a claim. (ECF No. 15.) Plaintiff was directed to file an amended 26 complaint within thirty days and warned that failure to file an amended complaint could result in 27 dismissal. The November 6, 2017 order was returned as undeliverable and since that time 28 plaintiff has failed to update his address in accordance with Local Rule 183(b). 1 1 2 3 Plaintiff has not filed an amended complaint, updated his address, notified the court that he is dismissing this action, or otherwise responded to the court’s orders. Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this order, 4 plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so the court 5 may recommend that this action be dismissed for plaintiff’s failure to comply with court orders 6 and failure to prosecute. See E.D. Cal. R. 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41. 7 Dated: March 6, 2018 8 9 10 11 12 13 DLB:12 DLB:1/Orders/Prisoner-Civil Rights/hick0747.osc 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?