Cummings v. Jeu et al

Filing 18

ORDER signed by Magistrate Judge Dale A. Drozd on 11/13/13 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FLOYD A. CUMMINGS,

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Plaintiff,

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No. 2:13-cv-00128 DAD P

v.

ORDER

MOON JEU, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction in this action pursuant to

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28 U.S.C. § 636(c). See ECF No. 7.
By order filed August 27, 2013, plaintiff’s amended complaint was dismissed and thirty

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days leave to file a second amended complaint was granted. On September 19, 2013 and October

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10, 2013, plaintiff was granted additional time to file his second amended complaint. In the latter

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order, plaintiff was ordered to file his second amended complaint on or before November 4, 2013

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and was forewarned that his failure to do so would result in the dismissal of this action. (ECF No.

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16.) That deadline has now passed and plaintiff has not filed his second amended complaint, or

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otherwise responded to the court’s October 10, 2013 order.

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

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

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Dated: November 13, 2013

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DAD:4
cumm128.fta

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