McMurtry v. Hu, et al

Filing 41

ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/14 DISMISSING action without prejudice pursuant to FRCP 41(b); and the Clerk of Court is DIRECTED to CLOSE this case. CASE CLOSED. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLEY McMURTRY,

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Plaintiff,

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v.

No. 2:12-cv-00103 DAD P

ORDER

HU, et al.,

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Defendants.

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

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action filed pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the

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undersigned magistrate judge for all purposes pursuant to 28 U.S.C. § 636(c), and Local Rule

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305(a). (See ECF No. 6.)

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On May 29, 2014, defendants filed and served a motion for summary judgment pursuant

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to Federal Rule of Civil Procedure 56. (ECF No. 39.) On July 1, 2014, this court directed

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plaintiff to file and serve, within 21 days, an opposition, or statement of non-opposition,

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responsive to defendants’ pending motion for summary judgment. (ECF No. 40.) The court also

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informed plaintiff that failure to comply with the court’s order would result in the dismissal of this

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action without prejudice pursuant Federal Rule of Civil Procedure 41(b).” (Id. at 2-3.) More than 21

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days have passed, and plaintiff has not responded to the court’s order, or otherwise communicated

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with the court.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure

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41(b); and
2. The Clerk of Court is directed to close this case.
Dated: July 29, 2014

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DAD:4
mcmu0103.dsms.

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