1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DASHAWN COMBS WILSON, No. 1:24-cv-00270 GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY THIS MATTER SHOULD NOT 13 v. BE DISMISSED FOR FAILURE TO PROSECUTE AND FOR FAILURE TO OBEY 14 J. QUINTANA, et al., A COURT ORDER 15 Defendants. (ECF No. 7) 16 PLAINTIFF’S SHOWING OF CAUSE OR AMENDED COMPLAINT DUE MAY 24, 17 2024 18 19 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 20 rights action seeking relief under

. The matter was referred to a United States 21 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 22 For the reasons stated below, Plaintiff will be ordered to show cause why this matter 23 should not be dismissed for failure to prosecute and for failure to obey a court order. He will be 24 given thirty days to do so. 25 I. BACKGROUND 26 On March 8, 2024, the Court screened Plaintiff’s complaint and directed Plaintiff to file a 27 first amended complaint. ECF No. 7 at 4. At that time, Plaintiff was given thirty days to do so. 28 See 1 2

More than thirty days have passed and Plaintiff has neither filed an amended complaint nor 3 requested an extension of time to comply with the Court’s order. 4 II. DISCUSSION 5 Both the Court and the public have an interest in the disposal of cases in an expedient 6 manner. See generally Hernandez v. City of El Monte,

(9th Cir. 1998) 7 (presuming public has interest in expeditious litigation). Plaintiff’s failure to file an amended 8 complaint as ordered has stalled this process, and it warrants the Court issuing an order directing 9 him to show cause why this matter should not be dismissed for failure to prosecute and for failure 10 to obey a court order. He will be given thirty days to do so. As an alternative to Plaintiff filing a 11 showing of cause, within the same thirty-day period, Plaintiff may instead file the first amended 12 complaint as he was previously ordered to do. 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. Within thirty days from the date of this order – by May 24, 2024, – Plaintiff shall 15 SHOW CAUSE why this matter should not be dismissed for failure to prosecute and failure to 16 obey a court order, and 17 2. As an alternative to file a showing of cause, Plaintiff may file a first amended 18 complaint. 19 Plaintiff is cautioned that failure to comply with this order within the time allotted 20 may result in a recommendation that this matter be dismissed. 21 22 IT IS SO ORDERED. 23

24 Dated: April 25, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 25

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