Graff et al v. City of Tehachapi et al

Filing 55

***DISREGARDED***ORDER DISMISSING Action for Failure to Obey a Court Order and Failure to State a Claim signed by Magistrate Judge Barbara A. McAuliffe on 03/02/2015. CASE CLOSED. (Flores, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 ARCHIE CRANFORD, 10 Plaintiff, 11 v. 12 DHARLEEN NARCEDA, 13 Defendant. 14 15 ) ) ) ) ) ) ) ) ) ) ) ) ) 1:14-cv-00095-BAM (PC) ORDER DISMISSING ACTION FOR FAILURE TO OBEY A COURT ORDER AND FAILURE TO STATE A CLAIM (ECF No. 13) 16 Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma 17 18 pauperis in this civil rights action. Plaintiff initiated this action on June 25, 2014. Plaintiff 19 consented to the jurisdiction of the Magistrate Judge. (ECF No. 5.) On January 14, 2015, the Court dismissed Plaintiff’s first amended complaint with leave 20 21 to amend within thirty days after service. 28 U.S.C. § 1915(e). Plaintiff was warned that if he 22 failed to file a second amended complaint in compliance with the order, this action would be 23 dismissed for failure to obey a court order and failure to state a claim. 24 The deadline for Plaintiff to file his amended complaint has passed and Plaintiff has not 25 complied with or otherwise responded to the Court’s order. As a result, there is no pleading on 26 file which sets forth any claims upon which relief may be granted. 27 /// 28 1 1 Accordingly, pursuant to 28 U.S.C. § 1915(e), this action is HEREBY DISMISSED 2 based on Plaintiff’s failure to state any claims upon which relief may be granted and for failure 3 to obey a court order. All pending motions, if any, are terminated. 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara March 2, 2015 7 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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