Weston et al v. De La Cruz et al

Filing 15

ORDER signed by Magistrate Judge Craig M. Kellison on 1/12/18 ORDERING this action is dismissed for plaintiff's failure to file an amended complaint. CASE CLOSED. (Plummer, M)

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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 ROCHELLE WESTON, et al., 12 13 14 15 16 17 No. 2:15-cv-0240-CMK-P Plaintiffs, vs. ORDER STELLA DE LA CRUZ, et. al., Defendants. / Plaintiff Weston is a prisoner proceeding pro se in this civil rights action pursuant 18 to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 19 U.S.C. § 636(c) and no other party has been served or appeared in the action. 20 The court issued an order to show cause on November 2, 2017, requiring plaintiff 21 to show cause why this action should not be dismissed for failure to resolve the fee status and 22 failure to file an amended complaint. Plaintiff was warned that failure to file a response to the 23 order to show cause could result in dismissal of the action for failure to prosecute and comply 24 with court rules and orders. See Local Rule 110. To date, plaintiff has not filed a response to the 25 26 1 1 order to show cause.1 2 3 The undersigned therefore finds it appropriate to dismiss this action for failure to prosecute as well as plaintiff’s failure to comply to court rules and orders. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. This action is dismissed for plaintiff’s failure to file an amended 2. The Clerk of the Court is directed to close this case. 6 complaint; and 7 8 9 DATED: January 12, 2018 10 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 25 26 Although it appears from the file that the order to show cause was returned, the parties were properly served. It is the responsibility of the parties to keep the court apprised of their address of record at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 2

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