Gardner v. City of Vallejo et al

Filing 40

ORDER signed by Magistrate Judge Dale A. Drozd on 04/20/15 ordering this action is dismissed without prejudice. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS GARDNER,

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Plaintiff,

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No. 2:12-cv-01613 DAD P

v.

ORDER

J. McCARTHY, et al.,

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Defendants.

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Plaintiff is a former county prisoner proceeding pro se with a civil rights action seeking

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relief under 42 U.S.C. § 1983 and California state law. The parties previously consented to

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Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. § 636(c). (See ECF Nos. 4,

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27.)
By order filed March 2, 2015, plaintiff’s Third Amended Complaint was dismissed and

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plaintiff was granted thirty days leave to file a Fourth Amended Complaint. (ECF No. 38.)

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Plaintiff was cautioned that his failure to timely file a Fourth Amended Complaint would result in

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the dismissal of this action. Thirty days from that date have now passed, and plaintiff has not

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filed an amended complaint, or otherwise responded to the court’s order.

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

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

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Dated: April 20, 2015

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DAD:10
gard1613.fta

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