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J. Benge v. Les Weildman et al

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 6, 2011

J. BENGE,
PLAINTIFF,
v.
LES WEILDMAN ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed April 29, 2011, the Court directed Plaintiff to, within thirty days, file an amended complaint curing the deficiencies in his complaint that were identified by the Court in its screening order. (Doc. 11.) The Court also cautioned Plaintiff that failure to comply with the Court's order would result in the dismissal of the case. (Id.) The thirty-day period has now expired, and Plaintiff has failed to file an amended complaint or otherwise respond to the Court's April 29, 2011 order.

Accordingly, it is HEREBY ORDERED that within twenty-one (21) days from the date of service of this order, Plaintiff shall show cause in writing why this action should not be dismissed for failure to prosecute. If Plaintiff wishes to proceed with this action, he must also file an amended complaint in accordance with the Court's April 29, 2011 order. Plaintiff is firmly cautioned that failure to comply with this order will result in the dismissal of this action.

IT IS SO ORDERED.

20110606

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