Hernandez v. Aye, et al.

Filing 12

ORDER DISMISSING Action for Failure to Comply With Court Order and Failure to Prosecute, signed by Magistrate Judge Dennis L. Beck on 5/28/15. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FAUSTINO LEON HERNANDEZ,

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Plaintiff,

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v.

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Case No. 1:14-cv-00428 DLB PC
ORDER DISMISSING ACTION FOR
FAILURE TO COMPLY WITH COURT
ORDER AND FAILURE TO PROSECUTE

KHIN AYE, et al.,

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Defendants.

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Plaintiff Faustino Leon Hernandez (“Plaintiff”) is a California state prisoner proceeding pro

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se and in forma pauperis in this action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on

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March 26, 2014.1
On March 11, 2015, the Court screened the complaint and dismissed it with leave to amend.

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Plaintiff was ordered to file an amended complaint within thirty (30) days of the date of service of

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the order. Over thirty (30) days passed and Plaintiff did not file an amended complaint or otherwise

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communicate with the Court. Accordingly, on April 22, 2015, Plaintiff was ordered to show cause

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why this action should not be dismissed for failure to follow a court order and for failure to

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prosecute. Plaintiff was ordered to file a response to the order within twenty-one (21) days. Over

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twenty-one days have passed and Plaintiff has failed to respond to the Court’s order in any manner.

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Plaintiff was forewarned that failure to comply would result in dismissal of the action.

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On April 7, 2014, Plaintiff consented to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c).

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Accordingly, IT IS HEREBY ORDERED that the action is DISMISSED for failure to
prosecute and failure to follow a court order.
This terminates this action in its entirety.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 28, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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