(PC) Smith v. Espinosa et al

Filing 34

ORDER DISMISSING ACTION Due to Plaintiff's Failure to Prosecute signed by District Judge Dale A. Drozd on 11/16/2021. 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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GARY SMITH,

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Plaintiff,

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No. 1:20-cv-00716-NONE-HBK (PC)
ORDER DISMISSING ACTION DUE TO
PLAINTIFF’S FAILURE TO PROSECUTE

v.
(Doc. No. 31)
CDCR EDUCATION DEPARTMENT,

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Defendant.

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Plaintiff Gary Smith initiated this action proceeding pro se by filing a prisoner civil rights

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action under 42 U.S.C. § 1983. On September 20, 2021, the court granted defendants’ motion to

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dismiss but permitted plaintiff thirty days from the service date of the order to file an amended

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complaint. (Doc. No. 31 at 2). The district court’s order warned plaintiff that the failure to

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timely file an amended complaint “will result in the dismissal of the action for failure to prosecute

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without further notice.” (Id.). As of the date of this order, plaintiff has not filed an amended

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complaint and the deadline to do so has expired. (See docket).

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Accordingly, it is ORDERED:

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1. This action is dismissed for the reasons set forth in the court’s September 20, 2021

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order and for lack of prosecution.
2. The Clerk of Court shall terminate any pending motions, enter judgment accordingly,
and close this case.

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IT IS SO ORDERED.
Dated:

November 16, 2021
UNITED STATES DISTRICT JUDGE

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