Kelly

(PC) Hernandez v. Kelly

Good Law
United States District Court, Eastern District of CaliforniaMarch 15, 20221:21-cv-00130California532 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSE L. HERNANDEZ, JR., Case No. 1:21-cv-00130-SKO (PC)

Plaintiff,

ORDER TO SHOW CAUSE WHY

v. ACTION SHOULD NOT BE DISMISSED

FOR FAILURE TO OBEY COURT

KELLY, et al., ORDER

Defendants. 21-DAY DEADLINE 16 Plaintiff Jose L. Hernandez, Jr., initiated this action while in state custody. (Doc. 1.) Plaintiff is proceeding pro se and in forma pauperis. On February 1, 2022, issued its first screening order. (Doc. 10.) The Court determined Plaintiff had failed to establish a cognizable claim of deliberate indifference under the Eighth Amendment. (Id. at 3-5.) The Court granted Plaintiff leave to file an amended complaint1 curing the deficiencies identified in the order. (Id. at 5.) Plaintiff was to file the amended complaint within 21 days, or, alternatively, he was to file a notice of voluntary dismissal. (Id. at 5.)2 More than 21 days have passed, and Plaintiff has failed to file an amended complaint. // 26 1 The…

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