Elawyers Elawyers
Ohio| Change

Nunez v. Diaz, 1:19-cv-00686-AWI-SAB (PC). (2019)

Court: District Court, E.D. California Number: infdco20191030m68 Visitors: 13
Filed: Oct. 29, 2019
Latest Update: Oct. 29, 2019
Summary: ORDER REQUIRING PLAINTIFF TO SHOW CAUSE IN WRITING WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO STATE A CLAIM (ECF No. 16) STANLEY A. BOONE , Magistrate Judge . Plaintiff Joel Nunez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On September 3, 2019, the Court screened Plaintiff's complaint and found that Plaintiff had failed to state a cognizable claim
More

ORDER REQUIRING PLAINTIFF TO SHOW CAUSE IN WRITING WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO STATE A CLAIM

(ECF No. 16)

Plaintiff Joel Nunez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

On September 3, 2019, the Court screened Plaintiff's complaint and found that Plaintiff had failed to state a cognizable claim for relief. (ECF No. 16.) The Court's screening order provided Plaintiff with the legal standards that applied to his claims and granted Plaintiff leave to file a first amended complaint within thirty days after service of the order. (Id.)

However, Plaintiff has not filed a first amended complaint or otherwise communicated with the Court, and the time in which to do so has passed.

Accordingly, it is HEREBY ORDERED that, within fourteen (14) days from the date of service of this order, Plaintiff shall show cause in writing why the instant action should not be dismissed for Plaintiff's failure to comply with the Court's September 3, 2019 screening order, failure to prosecute, and failure to state a claim for relief. Plaintiff can comply with this order to show cause by filing a first amended complaint in compliance with the Court's September 3, 2019 screening order. Plaintiff is warned that failure to comply with this order will result in a recommendation to a district judge that the instant action be dismissed, with prejudice, for failure to prosecute, failure to obey a court order, and failure to state a cognizable claim for relief.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer