Lee v. United States of America et al

Filing 21

ORDER DISMISSING Action in its Entirety; ORDER DISMISSING Plaintiff's Claims Regarding Medical Care at USP Atwater, with prejudice, as time barred; ORDER DISMISSING Plaintiff's Claim Regarding Conduct at USP Victorville, without prejudice, for Improper Venue; ORDER for Clerk to Close Case, signed by Magistrate Judge Gary S. Austin on 12/31/2013. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LEE,

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1:12-cv-00779-GSA-PC

Plaintiff,

ORDER DISMISSING ACTION IN ITS
ENTIRETY

vs.

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ORDER DISMISSING PLAINTIFF’S
CLAIMS REGARDING MEDICAL CARE
AT USP ATWATER, WITH PREJUDICE,
AS TIME BARRED

UNITED STATES, et al.,
Defendants.

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ORDER DISMISSING PLAINTIFF’S
CLAIMS REGARDING CONDUCT AT USP
VICTORVILLE, WITHOUT PREJUDICE,
FOR IMPROPER VENUE

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ORDER FOR CLERK TO CLOSE CASE

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Michael Lee (Aplaintiff@) is a federal prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of

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Narcotics, 403 U.S. 388 (1971).

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January 4, 2012.

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jurisdiction in this action pursuant to 28 U.S.C. ' 636(c), and no other parties have made an

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appearance. (Doc. 3.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the

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Eastern District of California, the undersigned shall conduct any and all proceedings in the case

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until such time as reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

(Doc. 1.)

Plaintiff filed the Complaint commencing this action on

On May 23, 2012, Plaintiff consented to Magistrate Judge

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On October 10, 2013, the Court issued an order to show cause, requiring Plaintiff to file

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a response within thirty days, showing (1) why his claims regarding conduct at USP Victorville
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should not be dismissed, without prejudice, for improper venue, and (2) why his claims

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regarding medical care at USP Atwater should not be dismissed, with prejudice, as time barred.

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(Doc. 17.) On November 14, 2013, upon Plaintiff’s motion, the Court granted plaintiff a thirty-

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day extension of time to respond to the court’s order. (Docs. 19, 20.) Plaintiff’s latest thirty-

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day deadline has now passed, and plaintiff has not filed any response to the court’s order.

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Accordingly, based on the findings in the Court’s order to show cause issued on

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October 10, 2013, the Court shall (1) dismiss plaintiff’s claims regarding conduct at USP

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Victorville for improper venue, without prejudice, and (2) dismiss plaintiff’s claims regarding

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medical care at USP Atwater as time barred, with prejudice, dismissing this action in its

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entirety.

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

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1.

Plaintiff’s claims regarding conduct at USP Victorville are DISMISSED for

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improper venue, without prejudice to filing a new action in the United States

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District Court for the Central District of California;

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2.

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Plaintiff’s claims regarding medical care at USP Atwater are DISMISSED, with
prejudice, as time barred, dismissing this case in its entirety; and

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3.

The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

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December 31, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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