Saipher

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER C. CLARK, Case No. 2:21-cv-01326-DAD-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED FOR

13 v. FAILURE TO PROSECUTE AND FAILURE

TO STATE A CLAIM

14 MARSHALL SAIPHER, et al.,

RESPONSE DUE WITHIN TWENTY-ONE

15 Defendants. DAYS 16 17 On October 4, 2022, the court screened plaintiff’s first amended complaint and notified 18 plaintiff that it alleged cognizable Eighth Amendment deliberate indifference and California Torts 19 Claims Act (“CTCA”) claims against defendants Saipher and Naseer, but that the other claims 20 were not viable. ECF No. 20. The court gave plaintiff thirty days to file an amended complaint 21 or to advise the court if he wished to stand by his current complaint and proceed only with his 22 Eighth Amendment and CTCA claims against defendants Saipher and Naseer. Id. at 4. To date, 23 plaintiff has not filed either an amended complaint or a notice of election to proceed on the 24 …