Marlett v. Harrington et al

Filing 9

ORDER Vacating Order to Show Cause 8 ; Dismissing Action without Prejudice for Failure to Comply with a Court Order and Failure to Prosecute, signed by Magistrate Judge Michael J. Seng on 12/18/15. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN SCOTT MARLETT,

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Plaintiff,

CASE NO. 1:15-cv-01382-MJS (PC)
ORDER VACATING ORDER TO SHOW
CAUSE (ECF NO. 8); AND

v.
KELLY HARRINGTON, et al.,

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Defendants.

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DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO COMPLY
WITH A COURT ORDER AND FAILURE
TO PROSECUTE
CLERK TO CLOSE CASE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the
undersigned’s jurisdiction. (ECF No. 7.)
On November 4, 2015, Plaintiff’s complaint was screened and dismissed for
failure to state a claim. Plaintiff was directed to file an amended complaint on or before
November 15, 2015. To date, Plaintiff has not filed an amended complaint or otherwise
responded to the Court’s order. On December 2, 2015, Plaintiff was directed to show
cause why this action should not be dismissed for failure to obey a court order and
failure to prosecute. (ECF No. 8.) Plaintiff has again failed to respond.
Accordingly, IT IS HEREBY ORDERED that:
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The December 2, 2015, Order to Show Cause (ECF No. 8) is VACATED;

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This action is DISMISSED without prejudice; and

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

December 18, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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