Fordyce v. Shirley

Summary

The United States District Court for the Eastern District of California directs Plaintiff Joshua Fordyce to show cause why the § 1983 action should not be dismissed for failure to prosecute and failure to obey a court order. The court alternatively permits Plaintiff to file a first amended complaint within thirty days.

Holdings

1. A plaintiff’s failure to comply with an order directing the filing of an amended complaint may warrant an order to show cause why the action should not be dismissed for failure to prosecute and failure to obey a court order.
2. The court allowed Plaintiff thirty days either to show cause why the action should not be dismissed or to file a first amended complaint.

Questions Presented

1. Whether Plaintiff’s failure to file an amended complaint as ordered warranted an order to show cause for failure to prosecute and failure to obey a court order.
2. Whether Plaintiff should be permitted to file a first amended complaint instead of filing a showing of cause.

Disposition

other