Beaton v. California Medical Facility

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 2/9/2018 DIRECTING plaintiff to either dismiss this action or file an amended complaint within 14 days of this order. (Fabillaran, J)

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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 PAUL NIVARD BEATON, No. 2:16-cv-2446 DB P 12 Plaintiff, 13 ORDER TO SHOW CAUSE v. 14 CALIFORNIA MEDICAL FACILITY, 15 Defendant. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis with an action filed 17 18 pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act, alleging claims arising 19 from his medical treatment at California Medical Facility. (ECF No. 1.) On September 27, 2017 the court screened plaintiff’s complaint, found he failed to state a 20 21 claim, and gave him leave to amend. (ECF No. 7.) Plaintiff was directed to file an amended 22 complaint within thirty days and was warned that failure to file an amended complaint would 23 result in a recommendation that this action be dismissed. Plaintiff has not filed an amended 24 complaint, notified the court that he is dismissing this action, or otherwise responded to the 25 court’s orders. Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this 26 27 order, plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so, 28 //// 1 1 the court will recommend that this action be dismissed for plaintiff’s failure to comply with court 2 orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 41. 3 Dated: February 9, 2018 4 5 6 7 8 9 DLB:12 DLB1/ORDERS/PRISONER.CIVIL.RIGHTS/beat.2446.ocs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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