Clarke

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL RAY MILLS, Case No. 1:20-cv-000498-HBK (PC) Plaintiff, ORDER DENYING WITHOUT PREJUDICE

PLAINTIFF’S CONSTRUED MOTION FOR

v. DISCOVERY1 KEN CLARKE ET AL., ORDER DIRECTING CLERK OF COURT TO

RELABEL TWO FILINGS

Defendants. (Doc. Nos. 14, 21, 24) 16 17 This matter comes before this Court upon initial review of the docket. Plaintiff Darryl Ray Mills (“Plaintiff”) is proceeding pro se and in forma pauperis in this action under 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s pleading titled “Response to Order to Show Cause.” (Doc. No. 24). In his pleading, Plaintiff asserts his case should not be dismissed for failure to prosecute because he timely filed an amended complaint. (Id. at 1). He further requests a discovery hearing. (Id. at 1-2). At no time did the Court issue an Order to Show Cause. A motion’s “nomenclature is not controlling.” Miller v. Transamerican Press, Inc.,…