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)

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