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