Saipher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER C. CLARK, Case No. 2:21-cv-01326-DAD-JDP (PC) Plaintiff, ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED FOR

v. FAILURE TO PROSECUTE AND FAILURE

TO STATE A CLAIM

MARSHALL SAIPHER, et al.,

RESPONSE DUE WITHIN TWENTY-ONE

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