Driver v. Kelso et al

Filing 20

ORDER signed by Magistrate Judge Edmund F. Brennan on 09/12/12 ordering that this action is dismissed. CASE CLOSED(Plummer, 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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BILLY DRIVER,
Plaintiff,

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vs.

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No. 2:11-cv-2397 EFB P

J. CLARK KELSO, 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).
On August 9, 2012, the court dismissed plaintiff’s complaint for failure to state a claim.

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

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

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amended complaint would result in this action being dismissed for failure to state a claim. The

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30-day period has expired and plaintiff has not filed an amended complaint.

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Accordingly, it is hereby ORDERED that this action is DISMISSED. 28 U.S.C.

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§ 1915A(b); Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.

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Dated: September 12, 2012.

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