Thomas v. Sanchez et al

Filing 9

ORDER DISMISSING 1 Action for Failure to Comply with a Court 7 Order signed by Magistrate Judge Stanley A. Boone on 12/9/2013. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT THOMAS,

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Plaintiff,
v.
S. SANCHEZ, et al.,
Defendants.

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Case No.: 1:12-cv-01224-SAB (PC)
ORDER DISMISSING ACTION FOR
FAILURE TO COMPLY WITH A COURT
ORDER
[ECF No. 7]

Plaintiff Robert Thomas is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on August 3, 2012. Local Rule 302.

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Plaintiff filed the instant complaint on July 26, 2012. On October 17, 2013, the Court screened

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the complaint pursuant to 28 U.S.C. § 1915A(a) and found that Plaintiff stated a cognizable claim

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against Defendants Sanchez, Scott, Chavez, Dickerson, and Rohland for excessive force in violation of

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the Eighth Amendment. However, Plaintiff did not state any other cognizable claims for relief. The

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Court granted Plaintiff thirty days to either file an amended complaint or notify the Court of his intent

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to proceed on the claim found to be cognizable. More than thirty days have passed and Plaintiff has

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failed to respond to the Court’s order. The Court’s October 17, 2013, order specifically warned

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Plaintiff that the failure to comply with the order would result in the dismissal of the action.

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Accordingly, the instant action must be dismissed for failure to comply with the Court’s October 17,

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2013, order.

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IT IS SO ORDERED.
Dated:

December 9, 2013
UNITED STATES MAGISTRATE JUDGE

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