Klingfus v. Davey

Filing 9

ORDER Vacating Order to Show Cause and Dismissing Action without Prejudice signed by Magistrate Judge Michael J. Seng on 04/13/2016. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW KLINGFUS,

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Plaintiff,
v.
DAVE DAVEY, Warden,
Defendant.

CASE NO. 1:15-cv-01808- MJS (PC)
ORDER VACATING ORDER TO SHOW
CAUSE AND DISMISSING ACTION
WITHOUT PREJUDICE
(ECF NO. 8)
CLERK TO CLOSE CASE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the

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undersigned’s jurisdiction. (ECF No. 5.)

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On February 5, 2016, Plaintiff’s complaint was dismissed for failure to state a

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claim, and he was granted thirty days to file an amended complaint. (ECF Nos. 1, 7.)

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When Plaintiff failed to respond to the Court’s order, the undersigned issued another

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order directing Plaintiff to show cause why this action should not be dismissed for failure

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to obey a court order and failure to prosecute. (ECF No. 8.) Plaintiff has again failed to

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respond to the Court’s order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 25, 2016, Order to Show Cause (ECF No. 8) is vacated;

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2. This action is dismissed without prejudice; and

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3. The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

April 13, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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