Benny Ray Carter v. State of California et al
Filing
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ORDER DISMISSING ACTION for Failure to Prosecute and Failure to Comply With This Court's Orders signed by District Judge Dale A. Drozd on 9/28/2017. CASE CLOSED. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BENNY RAY CARTER,
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Plaintiff,
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No. 1:15-cv-00313-DAD-GSA
v.
STATE OF CALIFORNIA and
DEPARTMENT OF CORRECTIONS –
WASCO,
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ORDER DISMISSING ACTION FOR
FAILURE TO PROSECUTE AND FAILURE
TO COMPLY THIS COURT’S ORDERS
(Doc. No. 19)
Defendants.
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Plaintiff Benny Ray Carter is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 23, 2017, this court issued an order to show cause why this case should not be
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dismissed due to petitioner’s failure to prosecute and/or failure to comply with the court’s Local
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Rules. (Doc. No. 19.) Therein, the court directed plaintiff Carter to file a written response to the
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order to show cause within twenty-eight days indicating his intent to proceed with this action and
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advising this court of his current address. (Id.)1 The court further noted that petitioner’s failure to
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comply with the order would result in dismissal of this action. To date, plaintiff has not
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Service by mail of that order was returned to the court by the U.S. Postal Service as
“Undeliverable, Paroled,” on July 14, 2017.
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responded to the court’s order to show cause.
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Accordingly,
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1. This action is dismissed without prejudice due to for plaintiff’s failure to prosecute
and failure to abide by this court’s orders; and
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2. The Clerk of Court is directed to close this case.
IT IS SO ORDERED.
Dated:
September 28, 2017
UNITED STATES DISTRICT JUDGE
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