Ehringer v. State of California

Filing 29

ORDER signed by District Judge Kimberly J. Mueller on 2/2/2017 ORDERING that this action is DISMISSED for failure to prosecute. The Clerk of Court is directed to enter judgment and close this case. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORION S. EHRINGER,

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No. 2:15-CV-00985-KJM-AC

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA,
Defendant.

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On March 1, 2016, the magistrate judge recommended dismissal of plaintiff’s first

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amended complaint for failure to state a claim under Federal Rule of Civil Procedure 8(a)(2) and

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granted thirty days for plaintiff to file a second amended complaint. ECF No. 24 at 10. This

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court adopted the magistrate court’s findings and recommendations on March 29, 2016. ECF No.

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26. Thereafter, plaintiff did not file a second amended complaint or take any further action to

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further litigation of this case. In response to plaintiffs’ inaction, the court ordered plaintiff to

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show cause within fourteen days why this case should not be dismissed for his failure to

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prosecute. Order, Aug. 23, 2016, ECF No. 28.

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Now, over four months later, plaintiff has yet to respond to the order to show

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cause, or take any further action in this case. The court hereby DISMISSES the action for failure

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to prosecute in accordance with Fed. R. Civ. P. 41(b). The Clerk of Court is directed to enter

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judgment and close this case.

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IT IS SO ORDERED.
DATED: February 2, 2017

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UNITED STATES DISTRICT JUDGE

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