De Leon v. Allison et al

Filing 43

ORDER DISMISSING Action With Prejudice for Failure to Comply With a Court Order 42 , signed by District Judge Anthony W. Ishii on 12/3/15: All pending motions shall be TERMINATED as MOOT. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS DE LEON,

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Plaintiff,
v.
KATHLEEN ALLISON, et al.,
Defendants.

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Case No.: 1:13-cv-00257-AWI-SAB (PC)
ORDER DISMISSING ACTION WITH
PREJUDICE FOR FAILURE TO COMPLY
WITH A COURT ORDER
[ECF No. 42]

Plaintiff Jesus DeLeon is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On September 17, 2015, the Magistrate Judge directed Plaintiff within twenty-one days to file

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an opposition to Defendants’ pending motion for summary judgment. (ECF No. 42.) The order was

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sent to both Plaintiff’s address of record (Pleasant Valley State Prison) as well as his location as

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indicated by California Department of Corrections and Rehabilitation inmate locator (North Kern State

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Prison). More than twenty-one days have expired and Plaintiff has failed to comply or otherwise

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respond to the Court’s order, despite clear warning that the action would be dismissed if Plaintiff

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failed to comply. Accordingly, the instant action is DISMISSED, with prejudice, for Plaintiff’s failure

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to prosecute and comply with a court order. All pending motions shall be TERMINATED as MOOT.

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IT IS SO ORDERED.

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Dated: December 3, 2015

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SENIOR DISTRICT JUDGE

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