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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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SHAWN DAMON BARTH,
Plaintiff,

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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.

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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

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his complaint or to follow the directions of the Court. He filed an original complaint, then

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asked for leave to file an amended complaint. (Dkt. Nos. 1 and 12.) Leave was granted,

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and he filed a first amended complaint. (Dkt. Nos. 13 and 18.) Then he asked for leave to

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file a second amended complaint. (Dkt. No. 19.) Leave was granted, as was an extension

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of time Barth requested. (Dkt. Nos. 20 and 22.) As of the date of this order, Barth has not

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filed a second amended complaint and the extension of time has expired.

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A year’s delay is not acceptable. Barth, therefore, must show cause why his suit

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should not be dismissed. In his response, Barth should include either (1) his second

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amended complaint; or (2) a request to reinstate either the original or first amended

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complaint as the operative pleading. His response is due on or before February 12, 2018

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and must comply in all respects with this order. No extensions of time will be granted.

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Failure to file an appropriate response by the deadline will result in the dismissal of this

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action under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

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IT IS SO ORDERED.
Dated: January 8, 2018
_________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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