Lazar v. Bourbon et al

Filing 6

ORDER TO SHOW CAUSE why this case should not be dismissed. Plaintiff's Show Cause Response and Amended Complaint due by 6/1/2018. Signed by Magistrate Judge David W. Christel. (CMG)(cc mailed to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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AUSTIN LAZAR,

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Plaintiff,

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ORDER TO SHOW CAUSE

v.

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CASE NO. 3:18-CV-05175-RBL-DWC

DON BOURBON, SHELBY WILCOX,
PIERCE COUNTY SHERIFF'S DEPT.,

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Defendants.
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Plaintiff Austin Lazar, proceeding pro se, filed a Complaint pursuant to 42 U.S.C. §

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17 1983. See Dkt. 1-1. Having reviewed and screened Plaintiff’s Complaint under 28 U.S.C. §

18 1915A, the Court declined to serve the Complaint, but notified Plaintiff of the deficiencies of his
19 Complaint and provided him leave to file an amended pleading by April 13, 2018 (“Order to
20 Show Cause”). Dkt. 3.
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Plaintiff also filed a Motion for Leave to Proceed In Forma Pauperis. Dkt. 1. However, the Court finds it
improbable Plaintiff will be able to cure the deficiencies of his Complaint and therefore will not rule on the request
to proceed in forma pauperis until Plaintiff has filed an amended complaint.

ORDER TO SHOW CAUSE - 1

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Plaintiff has not meaningfully responded to the Order to Show Cause. On March 20 2018,

2 Plaintiff filed a pleading requesting the Court obtain discovery and information about his state
3 warrant. Dkt. 4. And, on April 9, 2018, Plaintiff filed a portion of a case regarding a city
4 ordinance in Chicago, Illinois. Dkt. 5. Plaintiff also filed a new lawsuit on April 9, 2018 against
5 the same Defendants named in the above-captioned case –Don Bourbon, Shelby Wilcox, and
6 Pierce County Sheriff’s Department –. See Lazar v. Bourbon, et al., 3:18-cv-5278-BHS-TLF
7 (W.D. Wash.).
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As Plaintiff has not meaningfully responded to the Order to Show Cause and has filed a

9 separate lawsuit against Defendants, the Court directs Plaintiff to show cause why the above10 captioned action should not be dismissed. Plaintiff must respond to this Order and file an
11 amended complaint curing the deficiencies identified in the Order to Show Cause or before June
12 1, 2018. If Plaintiff fails to respond to this Order, the Court will recommend dismissal of this
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Dated this 3rd day of May, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER TO SHOW CAUSE - 2