Martinez v. Pereira et al

Filing 20

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/21/16 ORDERING that this Action is DISMISSED without prejudice. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN MARTINEZ,

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No. 2:14-cv-3008-EFB P

Plaintiff,
v.

ORDER

ALVARO AL PEREIRA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

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On June 15, 2016, the court determined that plaintiff’s amended complaint stated a

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cognizable claim against defendant Horowitz and directed plaintiff to, within 30 days, return

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documents necessary to effect service of process on defendant Horowitz. That order warned

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plaintiff that failure to comply with the order could result in dismissal of this case. By an order

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filed July 29, 2016, the court granted plaintiff an additional thirty days in which to comply with

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the court’s June 15, 2016 order. The time for acting has passed and plaintiff has failed to return

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the documents necessary to effect service of process on defendant and has not otherwise

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responded to the court’s order.
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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.

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Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.

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Dated: September 21, 2016.

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