IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 6, 2010
MIKE L. PARMENTER, PLAINTIFF,
DEPARTMENT OF CORRECTIONS, DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the action.
On April 22, 2010, the court ordered plaintiff to show cause why this case should not be dismissed for his failure to file an amended complaint within the time provided. Plaintiff has responded to the order to show cause, which will be discharged. Plaintiff indicates in his response that he has been attempting to obtain information from his medical records regarding who his treating physician was. He has not yet been successful. Plaintiff will therefore be provided additional time to file his amended complaint.*fn1 However, Plaintiff is again warned that failure to file an amended complaint may result in dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 110.
Accordingly, IT IS HEREBY ORDERED that:
1. The April 22, 2010, order to show cause is discharged;
2. Plaintiff shall file an amended complaint within 45 days of the date of this order.