Cofield v. Swarthout et al

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/2013 ORDERING that this action is DISMISSED. CASE CLOSED. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINCENT E. COFIELD, Plaintiff, 11 vs. 12 13 No. 2:12-cv-2343 EFB P G. SWARTHOUT, et al., Defendants. 14 ORDER / 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 18 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C. 19 § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). On March 5, 2013, the court dismissed plaintiff’s complaint for failure to state a claim. 20 21 The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file an 22 amended complaint correcting those deficiencies, and warned plaintiff that failure to file an 23 amended complaint would result in this action being dismissed. The time for acting has passed, 24 and despite being granted an extension of time, plaintiff has not filed an amended complaint or 25 otherwise responded to the court’s order. 26 //// 1 1 Accordingly, it is hereby ORDERED that this action is DISMISSED. Fed. R. Civ. P. 2 41(b); E.D. Cal. Local Rule 110. 3 Dated: April 29, 2013. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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