Brunson v. Amador County Jail et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/9/2017 DISMISSING this action without prejudice. CASE CLOSED.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN REED BRUNSON, 12 Plaintiff, 13 14 v. No. 2:15-cv-1760-EFB P ORDER AMADOR COUNTY JAIL, et al., 15 Defendants. 16 Plaintiff is a county inmate proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C. 20 § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). On March 15, 2017, the court determined that plaintiff’s complaint stated a potentially 21 22 cognizable excessive force claim against defendant Stone. ECF No. 7. That order also dismissed 23 all other claims and defendants with leave to amend. Plaintiff was directed to return the 24 documents necessary to effect service of process on defendant Stone or to file an amended 25 complaint attempting to cure the defects listed therein within thirty days. Id. That order warned 26 plaintiff that failure to comply with the order could result in dismissal of this case. The time for 27 acting has passed and plaintiff has failed to return the documents necessary to effect service of 28 ///// 1 1 process on defendant, failed to file an amended complaint and has not otherwise responded to the 2 court’s order.1 3 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. 4 Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110. 5 Dated: May 9, 2017. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address 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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