Barth v. Binning et al

Filing 23

ORDER TO SHOW CAUSE - Second Amended Complaint or Show Cause Response must be filed by 2/12/2018. Signed by Judge William H. Orrick on 01/08/2018. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 1/8/2018)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 SHAWN DAMON BARTH, Plaintiff, 12 13 14 15 Case No. 17-cv-00155-WHO (PR) v. K. SWIWET BINNING, et al., ORDER TO SHOW CAUSE WHY THIS SUIT SHOULD NOT BE DISMISSED Defendants. 16 17 18 19 Plaintiff Barth is ordered to show cause on or before February 12, 2018 why this federal civil rights action should not be dismissed for failure to prosecute. This suit was instituted a year ago and Barth has failed to settle on a final form of 20 his complaint or to follow the directions of the Court. He filed an original complaint, then 21 asked for leave to file an amended complaint. (Dkt. Nos. 1 and 12.) Leave was granted, 22 and he filed a first amended complaint. (Dkt. Nos. 13 and 18.) Then he asked for leave to 23 file a second amended complaint. (Dkt. No. 19.) Leave was granted, as was an extension 24 of time Barth requested. (Dkt. Nos. 20 and 22.) As of the date of this order, Barth has not 25 filed a second amended complaint and the extension of time has expired. 26 A year’s delay is not acceptable. Barth, therefore, must show cause why his suit 27 should not be dismissed. In his response, Barth should include either (1) his second 28 amended complaint; or (2) a request to reinstate either the original or first amended 1 complaint as the operative pleading. His response is due on or before February 12, 2018 2 and must comply in all respects with this order. No extensions of time will be granted. 3 Failure to file an appropriate response by the deadline will result in the dismissal of this 4 action under Federal Rule of Civil Procedure 41(b) for failure to prosecute. 5 6 IT IS SO ORDERED. Dated: January 8, 2018 _________________________ WILLIAM H. ORRICK United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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