Webb v. California Depart. of Corrections and Rehabilitation et al

Filing 14

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/19/2013 DISMISSING this action for failure to state a claim. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD R. WEBB,
Plaintiff,

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vs.

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No. 2:12-cv-0345 EFB P

CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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ORDER
/

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

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42 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 2, 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.

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Despite being granted a lengthy extension of time, plaintiff has not filed an amended complaint.

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

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claim. Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110; 28 U.S.C. § 1915A(b).

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Dated: February 19, 2013.

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