Sims v. Wegman et al

Filing 34

ORDER DISMISSING Case Without Prejudice and Directing Clerk of Court to Close Case, signed by Magistrate Judge Erica P. Grosjean on 9/5/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Case No. 1:14-cv-00415-EPG (PC) QUINCY SIMS, Plaintiff, ORDER DISMISSING CASE WITHOUT PREJUDICE AND DIRECTING CLERK OF COURT TO CLOSE CASE v. (ECF NOS. 29 & 30) C. BOWMAN, Defendant. 16 17 Quincy Sims (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. On April 7, 2014, Plaintiff consented 19 to magistrate judge jurisdiction in this action pursuant to 28 U.S.C. § 636(c) (ECF No. 5), and 20 no other parties have made an appearance. Therefore, pursuant to Appendix A(k)(4) of the 21 Local Rules of the Eastern District of California, the undersigned shall conduct any and all 22 proceedings in the case until such time as reassignment to a district judge is required. Local 23 Rule Appendix A(k)(3). 24 Plaintiff filed the complaint commencing this action on March 24, 2014. (ECF No. 1). 25 This action was proceeding on the First Amended Complaint filed on March 10, 2015, against 26 defendant C. Bowman on Plaintiff's Religious Land Use and Institutionalized Persons Act of 27 2000 and First Amendment free exercise claims. (ECF Nos. 8, 10, & 12). However, on August 28 1 1 3, 2017, the Court dismissed defendant Bowman from this action, without prejudice, because of 2 Plaintiff’s failure to provide the Marshal with accurate and sufficient information to effect 3 service of the summons and complaint on defendant Bowman within the time period prescribed 4 by Federal Rule of Civil Procedure 4(m). (ECF No. 29). Instead of dismissing the case, the 5 Court gave Plaintiff leave to file an amended complaint. (Id.). 6 7 On August 30, 2017, Plaintiff filed what the Court construes as a notice that Plaintiff will not be filing an amended complaint. (ECF No. 30). 8 As all defendants have been dismissed from this case (ECF Nos. 12 & 29), and as 9 Plaintiff has stated his intention not to file an amended complaint (ECF No. 30), the Court will 10 11 dismiss this case, without prejudice. Accordingly, based on the foregoing, IT IS HEREBY ORDERED THAT: 12 1. This case is DISMISSED, without prejudice; and 13 2. The Clerk of Court is directed to close this case 14 15 16 IT IS SO ORDERED. Dated: September 5, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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