Ferrari v. Beard et al

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 1/29/15 ordering this action is dismissed without prejudice. The clerk of court is directed to close this case. 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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D. FERRARI,

No. 2:13-cv-1849 AC P

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Plaintiff,

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v.

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J. BEARD, et al.,

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ORDER

Defendants.

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

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U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned magistrate judge for

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all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). See ECF No. 6.

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On December 24, 2013, this court dismissed plaintiff’s original complaint with leave to

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file an amended complaint within 28 days. ECF No. 9. Thereafter plaintiff requested two lengthy

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extensions of time within which to comply with the court’s order. On February 5, 2014, the court

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granted plaintiff’s request for a 60-day extension of time, ECF No. 13, and on April 16, 2014, the

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court granted plaintiff’s request for a 90-day extension of time, ECF No. 15. In the last order, the

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court stated as follows, id. at 2:

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The court will grant plaintiff a final extension of time . . . . No
further extension of time will be granted. Should plaintiff fail to
file an amended complaint within the time provided by this order,
this action will be dismissed.

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Six months have passed since expiration of the court’s last extension of time; plaintiff has
neither filed an amended complaint nor otherwise communicated with this court.
Accordingly, for good cause shown, IT IS HEREBY ORDERED that this action is

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dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of

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Court is directed to close this case.

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DATED: January 29, 2015

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