Benny Ray Carter v. State of California et al

Filing 20

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENNY RAY CARTER, 12 Plaintiff, 13 14 15 No. 1:15-cv-00313-DAD-GSA v. STATE OF CALIFORNIA and DEPARTMENT OF CORRECTIONS – WASCO, 16 ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY THIS COURT’S ORDERS (Doc. No. 19) Defendants. 17 Plaintiff Benny Ray Carter is a state prisoner proceeding pro se in this civil rights action 18 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 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 21 22 dismissed due to petitioner’s failure to prosecute and/or failure to comply with the court’s Local 23 Rules. (Doc. No. 19.) Therein, the court directed plaintiff Carter to file a written response to the 24 order to show cause within twenty-eight days indicating his intent to proceed with this action and 25 advising this court of his current address. (Id.)1 The court further noted that petitioner’s failure to 26 comply with the order would result in dismissal of this action. To date, plaintiff has not 27 28 1 Service by mail of that order was returned to the court by the U.S. Postal Service as “Undeliverable, Paroled,” on July 14, 2017. 1 1 responded to the court’s order to show cause. 2 Accordingly, 3 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 4 5 6 7 2. The Clerk of Court is directed to close this case. IT IS SO ORDERED. Dated: September 28, 2017 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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