McCoy v. Kelso et al

Filing 16

DISMISSAL ORDER, signed by Chief Judge Ralph R. Beistline on 7/9/15: Failure to prosecute. (CASE CLOSED)(Hellings, J)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSEPH RAYMOND McCOY,
Case No. 1:14-cv-00518-RRB
Plaintiff,
DISMISSAL ORDER
vs.
J. CLARK KELSO, Receiver, et al.,
Defendants.

Joseph Raymond McCoy, a state prisoner appearing pro se and in forma pauperis,
filed a Complaint under 42 U.S.C. § 1983 against several officials of the California
Department of Corrections and Rehabilitation. The record in this case reveals that on
March 9, 2015, the Court entered its Order to Show Cause why this action should not be
dismissed as duplicative of McCoy v. Gonzales, et. al., 1:12-cv-00983-AWI-DLB.1 Upon
the motion of McCoy the Court extended the time within which to respond to the Order to
Show Cause through and including May 29, 2015.2 To date McCoy has neither responded
to the Order to Show Cause nor requested additional time within which to so do.
Accordingly, the Complaint in this matter is DISMISSED for failure to prosecute. 3
IT IS SO ORDERED this 9th day of July, 2015.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

1

Docket 13.

2

Docket 15.

3

Fed. R. Civ. P. 41(b); see Hells Canyon Preservation Council v. U. S. Forest Serv.
403 F.3d 683, 689 (9th Cir. 2005).
DISMISSAL ORDER