Downs v. Balls, et al

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/2015 DISMISSING this action without prejudice. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY DOWNS,

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Plaintiff,

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No. 2:15-cv-0507 KJN P

v.

ORDER

LORI BALLS, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Plaintiff consented to proceed

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before the undersigned for all purposes. See 28 U.S.C. § 636(c).
By order filed April 22, 2015, plaintiff’s complaint was dismissed and thirty days leave to

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file an amended complaint was granted. On May 22, 2015, June 30, 2015, August 11, 2015, and

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September 23, 2015, plaintiff was granted extensions of time in which to file an amended

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complaint. Plaintiff’s amended complaint was due on October 14, 2015, and plaintiff was

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cautioned that failure to timely comply with the September 23, 2015 order would result in the

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dismissal of this action. Despite being provided with a complaint form and several extensions of

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time, plaintiff has not filed an amended complaint. This action cannot proceed without an

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operative pleading.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.

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See Local Rule 110; Fed. R. Civ. P. 41(b).

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Dated: November 4, 2015

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down0507.fta

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