Duran v. California Department of Corrections and Rehabilitation, et al,

Filing 15

ORDER signed by Magistrate Judge Craig M. Kellison on 9/28/2017 DISMISSING this action and DIRECTING Clerk of Court to close this case. CASE CLOSED. (Henshaw, R)

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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 JASON DURAN, 12 13 14 15 16 No. 2:14-cv-1080-CMK-P Plaintiff, vs. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. / 17 18 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 19 to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 20 U.S.C. § 636(c) and no other party has been served or appeared in the action. The court issued 21 an order to show cause on August 17, 2017, requiring plaintiff to show cause why this action 22 should not be dismissed for failure to state a claim. 23 Plaintiff was informed as to the defects in his complaint, and he was provided an 24 opportunity to show cause as to why this case should not be dismissed for failure to state a claim. 25 Plaintiff was warned that failure to file a response to the order to show cause could result in 26 dismissal of this action for lack of prosecution, failure to comply with court rules and orders, as 1 1 well as failure to state a claim. See Local Rule 110. To date, plaintiff has not filed a response to 2 the order to show cause. 3 The undersigned therefore finds it appropriate to dismiss this action for failure to 4 state a claim as well as plaintiff’s failure to comply to court rules and orders. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 8 This action is dismissed for plaintiff’s failure to state a claim upon which relief can be granted; and 2. The Clerk of the Court is directed to close this case. 9 10 11 12 DATED: September 28, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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