Benge v. Weildman et al
Filing
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ORDER to SHOW CAUSE why the Action Should not be Dismissed for Failure to Prosecute signed by Magistrate Judge Jennifer L. Thurston on 06/06/2011. Show Cause Response due by 6/30/2011. (Flores, E)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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J. BENGE,
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Plaintiff,
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Case No. 1:10-cv-00215 JLT (PC)
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE
vs.
LES WEILDMAN et al.,
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Defendants.
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________________________________/
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action
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pursuant to 42 U.S.C. § 1983. By order filed April 29, 2011, the Court directed Plaintiff to, within
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thirty days, file an amended complaint curing the deficiencies in his complaint that were identified
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by the Court in its screening order. (Doc. 11.) The Court also cautioned Plaintiff that failure to
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comply with the Court’s order would result in the dismissal of the case. (Id.) The thirty-day period
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has now expired, and Plaintiff has failed to file an amended complaint or otherwise respond to the
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Court’s April 29, 2011 order.
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Accordingly, it is HEREBY ORDERED that within twenty-one (21) days from the date of
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service of this order, Plaintiff shall show cause in writing why this action should not be dismissed
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for failure to prosecute. If Plaintiff wishes to proceed with this action, he must also file an amended
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complaint in accordance with the Court’s April 29, 2011 order. Plaintiff is firmly cautioned that
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failure to comply with this order will result in the dismissal of this action.
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IT IS SO ORDERED.
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Dated: June 6, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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