Minchaca v. U.S. Marshal Service, et al

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 06/29/15 DISMISSING CASE pursuant to FRCP 41(a). CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAIME J. MINCHACA,

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No. 2:15-cv-00570 AC P

Plaintiff,
v.

ORDER

U.S. MARSHAL SERVICE, et al.,
Defendants.

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Plaintiff is a federal prisoner proceeding pro se with this putative civil rights action and a

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request to proceed in forma pauperis. Plaintiff is incarcerated at the North Fork Correctional

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Facility in Oklahoma. Plaintiff has consented to the jurisdiction of the undersigned Magistrate

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Judge for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). See ECF No. 5.

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By order filed May 4, 2015, this court informed plaintiff that his complaint fails to

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demonstrate this court’s jurisdiction to consider his claim and requested relief. The complaint

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appears to seek plaintiff’s return to California to serve concurrent federal and state prison terms,

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and names as defendants the United States Marshal Service and the “Director of Federal

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Revocation.” This court accorded plaintiff the option of filing, within thirty days, an amended

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complaint under 42 U.S.C. § 1983, or a habeas petition under 28 U.S.C. § 2254 or § 2255. The

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court deferred ruling on plaintiff’s in forma pauperis application until he filed an amended

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pleading. Plaintiff was informed that no fee would be assessed if he chose to voluntarily dismiss
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this action, and that failure to timely file an amended pleading would result in the dismissal of

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this action without prejudice. See ECF No. 9 at 4.

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The time for filing an amended pleading has expired. Plaintiff has not responded to the

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court’s order or otherwise communicated with the court. Accordingly, due to plaintiff’s failure to

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respond and for the reasons stated in the court’s prior order, IT IS HEREBY ORDERED that this

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action is dismissed without prejudice. See Fed. R. Civ. P. 41(a)(2).

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DATED: June 29, 2015

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