Hardwick v. California Department of Corrections and Rehabilitation et al.
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 12/26/2018 ORDERING that within 14 days of the date of this order, plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so the court will recommend that this action be dismissed. (Huang, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NICHOLAS KURT HARDWICK,
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Plaintiff,
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No. 2:16-cv-0854 TLN DB P
v.
ORDER TO SHOW CAUSE
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
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Defendant.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought
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under 42 U.S.C. § 1983. Plaintiff claims defendants Dr. Leo and Dr. Newman were deliberately
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indifferent to his serious medical needs in violation of the Eighth Amendment.
By order dated September 13, 2018, defendants’ motion to dismiss was granted and
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plaintiff was directed to file an amended complaint within thirty days. (ECF No. 29.) Those
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thirty days have passed and plaintiff has not filed an amended complaint, requested additional
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time to file an amended complaint, updated his address, or otherwise responded to the court’s
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order.
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: December 26, 2018
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DLB:12
DLB:1/orders/prisoner-civil rights/hard0854.osc
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