Murphy (ID 0110894) v. Kansas, State of et al

Filing 12

ORDER TO SHOW CAUSE ENTERED: On or before March 1, 2017, plaintiff shall show cause, in writing, to Judge Crow why this case should not be dismissed forlack of prosecution, as plaintiff has not filed his Second Amended Complaint, which was due on Ja nuary 6, 2017. His Second Amended Complaint is also due on or before March 1, 2017. Failure to respond may result in the dismissal of plaintiff's case without further notice. Signed by Magistrate Judge David J. Waxse on 02/08/17. Mailed to pro se party Tyrone Murphy by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
TYRONE MURPHY,
Plaintiff,
v.

Case No. 16-3134-SAC-DJW

STATE OF KANSAS, et al.,
Defendants.

ORDER TO SHOW CAUSE
On December 14, 2016, the Court entered an order construing Plaintiff’s Amended
Complaint as a habeas claim—as opposed to a claim under 42 U.S.C. § 1983—because
Plaintiff’s Amended Complaint requests his release from imprisonment. (Doc. 11.) Therefore,
the Court ordered Plaintiff to file a Second Amended Complaint that used the proper form
habeas complaint (which it sent along with a copy of the Court’s order) on or before January 6,
2017. Plaintiff did not file a Second Amended Complaint, and he did not request additional time
in which to do so.
IT IS THEREFORE ORDERED BY THE COURT that on or before March 1, 2017,
Plaintiff shall show cause, in writing, to Judge Crow why this case should not be dismissed for
lack of prosecution, as Plaintiff has not filed his Second Amended Complaint, which was due on
January 6, 2017. His Second Amended Complaint is also due on or before March 1, 2017.
Failure to respond may result in the dismissal of Plaintiff’s case without further notice.
IT IS SO ORDERED.
Dated February 8, 2017, at Kansas City, Kansas.
s/ David J. Waxse
David J. Waxse
U.S. Magistrate Judge