Rodgers v. Placer County Sheriff's Department

Filing 36

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/11 ORDERING that his action is DISMISSED for failure to state a claim. CASE CLOSED. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES T. RODGERS,

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Plaintiff,
vs.

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No. CIV S-09-1367 EFB P

PLACER COUNTY SHERIFF’S
DEPARTMENT, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

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On September 20, 2011, the court dismissed plaintiff’s third amended complaint with

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leave to amend. The dismissal order explained the complaint’s deficiencies, gave plaintiff 30

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days to file an amended complaint correcting those deficiencies, and warned plaintiff that failure

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to file an amended complaint may result in this action being dismissed.

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The 30-day period has expired and plaintiff has not filed an amended complaint or
otherwise responded to the court’s order.

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Accordingly, it is hereby ordered that this action is DISMISSED for failure to state a

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claim.

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Dated: December 15, 2011.

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