Diaz v. Siskiyou County Jail

Filing 13

ORDER signed by Magistrate Judge John F. Moulds on 07/30/12 DISMISSING CASE without prejudice. 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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CINDY I. DIAZ,

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Plaintiff,
vs.
SISKIYOU COUNTY JAIL,
Defendant.

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No. 2:12-cv-0328 JFM P

ORDER
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Plaintiff is a county jail inmate proceeding pro se with a civil rights action

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pursuant to 42 U.S.C.§ 1983. Plaintiff, the only party to appear in this action, has consented to

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proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). See Consent

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filed February 13, 2012. By order filed April 30, 2012, plaintiff’s second amended complaint

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was dismissed and thirty days leave to file a third amended complaint was granted. The thirty

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day period expired and plaintiff did not file a third amended complaint or otherwise respond to

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the court’s order.

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For that reason, on June 22, 2012, plaintiff was ordered to show cause in writing

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within twenty days why this action should not be dismissed without prejudice. See Local Rule

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110; Fed. R. Civ. P. 41(b). Plaintiff was cautioned that failure to respond to the order to show

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cause would result in the dismissal of this action without prejudice. The twenty day period has
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expired and plaintiff has not responded to the order to show cause, nor has plaintiff filed a third

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amended complaint.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without

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prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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DATED: July 30, 2012.

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diaz0328.fsc

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