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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?