Huerta v. Virga

Filing 22

ORDER signed by Magistrate Judge Dale A. Drozd on 9/8/2015 DISMISSING this action without prejudice. CASE CLOSED.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GIORGINO HUERTA, 12 13 14 No. 2:14-cv-1419 DAD P Plaintiff, v. ORDER TIM VIRGA, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction 19 for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). (See ECF No. 13.) 20 By order filed July 20, 2015, plaintiff’s complaint was dismissed and plaintiff was granted 21 thirty days leave to file an amended complaint. More than forty-five days from that date have 22 now passed, and plaintiff has not filed an amended complaint, or otherwise responded to the 23 court’s order. 24 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. 25 See Local Rule 110; Fed. R. Civ. P. 41(b). 26 Dated: September 8, 2015 27 28 1

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