Brandon v. Khalil et al

Filing 15

ORDER signed by Magistrate Judge Deborah Barnes on 05/01/19 ORDERING that within fourteen days of the date of this order, plaintiff shall either dismiss this action or file an amended complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHERMAN BRANDON,

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Plaintiff,

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No. 2:17-cv-1763 DB P

v.

ORDER TO SHOW CAUSE

M. KHALIL, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Plaintiff alleges defendants violated his rights under the

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Americans with Disabilities Act and the Eighth Amendment.
By order dated November 13, 2018, plaintiff’s complaint was screened and dismissed for

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failure to state a claim. (ECF No. 7.) Plaintiff was directed to file and amended complaint within

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thirty days and warned that failure to file an amended complaint would result in a

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recommendation that this action be dismissed. Thereafter, plaintiff moved for and was granted

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two extensions of time in which to file an amended complaint. (ECF Nos. 11, 12, 13, 14.) The

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most recent extension of time has now expired, and plaintiff has not filed an amended complaint,

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requested additional time to file an amended complaint, or otherwise responded to the court’s

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order.

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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: May 1, 2019

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:12
DLB:1/Orders/Prisoner/Civil.Rights/bran1763.osc

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