(PC) Anderson v. California Medical Facility

Good Law
United States District Court, Eastern District of CaliforniaAugust 6, 20192:18-cv-02314California3,512 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIUS ANDERSON, No. 2:18-cv-2314 DB P Plaintiff, v. ORDER CALIFORNIA MEDICAL FACILITY, et al., 15 Defendants.

17 Plaintiff is a state prisoner proceeding through counsel, John Stringer, Esq. Shortly after 18 this action was initiated and pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), plaintiff’s complaint was 19 screened and found not to state a claim. (ECF No. 6.) Plaintiff was then granted thirty days to file 20 a notice as to whether he wished to stand on his complaint, to dismiss this case, or to file a first 21 amended complaint. When the thirty-day period passed, and plaintiff (through his counsel) did 22 not respond, the Court issued an Order to Show Cause (“OSC”) why this action should not be 23 dismissed for failure to comply with a court order and failure to prosecute. (ECF No. 11.) On 24 April 12, 2019, plaintiff’s counsel finally submitted a response to the OSC and a first amended 25 complaint, which is now before the Court for screening.1 (ECF No. 12.)

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