Thornton v. West et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/12 ORDERING that this action is DISMISSED for failure to prosecute and 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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WADE THORNTON,
Plaintiff,

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vs.

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No. CIV S-11-0875 EFB P

CRAIG WEST, et al.,
Defendants.

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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 January 4, 2012, the court dismissed plaintiff’s complaint with leave to amend. The

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dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file an amended

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

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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.
Accordingly, it is hereby ordered that this action is DISMISSED for failure to prosecute

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and failure to state a claim. Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A(b).

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Dated: April 6, 2012.

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