Ivory v. Tilton, et al.

Filing 166

ORDER DISMISSING ACTION, Without Prejudice, for Plaintiff's Failure to Prosecute signed by Magistrate Judge Gary S. Austin on 10/22/2013. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NORMAN IVORY,

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1:09-cv-01272-AWI-GSA-PC

Plaintiff,

ORDER DISMISSING THIS ACTION,
WITHOUT PREJUDICE, FOR
PLAINTIFF’S FAILURE TO PROSECUTE

vs.

ORDER FOR CLERK TO CLOSE CASE

CORRECTIONAL OFFICER S. MERAZ,
Defendant.

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Norman Ivory (“Plaintiff”) is a state prisoner proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. § 1983. All parties to this action have voluntarily consented to the

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jurisdiction of Magistrate Judge Gary S. Austin, and on September 25, 2013, the case was

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assigned to Magistrate Judge Gary S. Austin for all intents and purposes, within the meaning of

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28 U.S.C. ' 636(c), to conduct any and all further proceedings in the case, including the trial

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and entry of final judgment. (Doc. 156.)

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This case was previously scheduled for trial to commence on October 22, 2013 at 8:30

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a.m. before Magistrate Judge Austin. On September 26, 2013, the court entered an order for

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Plaintiff to appear at a hearing on October 3, 2013, to show cause why this case should not be

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dismissed for Plaintiff’s failure to keep the court apprised of his current address, pursuant to

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Local Rule 183(a). (Doc. 158.) On October 3, 2013, Plaintiff filed a notice of change of

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address. (Doc. 162.) The show cause hearing was held as scheduled on October 3, 2013.
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Plaintiff failed to appear at the hearing. The court vacated the trial date and set the matter for a

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status conference on October 22, 2013, at 9:00 a.m. before Magistrate Judge Austin.

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On October 22, 2013, the status conference was held as scheduled. Plaintiff failed to

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appear at the status conference, with no showing of good cause. Based on Plaintiff’s failure to

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appear, the court dismissed this action, without prejudice, for failure to prosecute.

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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This action is DISMISSED, without prejudice, based on Plaintiff’s failure to
prosecute; and

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The Clerk is directed to CLOSE this case.

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IT IS SO ORDERED.
Dated:

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October 22, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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