Bennett v. Butte County Police Department et al

Filing 24

ORDER signed by Magistrate Judge Craig M. Kellison on 10/12/2016 DISMISSING this action for failure to state a claim; all pending motions 20 , 23 are DENIED as moot; and the Clerk shall enter judgment and close this file. 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 11 DAVID BENNETT, 12 Plaintiff, 13 14 No. 2:13-CV-2295-CMK-P vs. ORDER BUTTE COUNTY POLICE DEPARTMENT, 15 Defendant. 16 / 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 19 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 20 § 636(c) and no other party has been served or appeared in the action. On February 24, 2016, the 21 court directed plaintiff to show cause in writing why this action should not be dismissed for 22 failure to state a claim. Plaintiff was warned that failure to respond could result in dismissal of 23 the action for the reasons outlined in the order and for failure to prosecute. To date, plaintiff has 24 not responded to the court’s order to show cause. This action will, therefore, be dismissed for 25 failure to state a claim and for lack of prosecution. 26 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. This action is dismissed for failure to state a claim; 3 2. All pending motions (Docs. 20 and 23) are denied as moot; and 4 3. The Clerk of the Court is directed to enter judgment and close this file. 5 6 7 8 DATED: October 12, 2016 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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