McZeal v. Zapata et al

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 06/27/17 ordering this action is dismissed without prejudice. 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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RONALD J. MCZEAL,

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Plaintiff,

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No. 2:15-cv-01795-AC P

v.

ORDER

ANDRES ZAPATA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On May 3, 2017, the court screened plaintiff’s complaint and determined that

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service was appropriate for defendant Andres Zapata. ECF No. 6. It directed plaintiff to submit

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the necessary service documents within thirty days of that order. Id. That deadline has now

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passed and plaintiff has not complied with the court’s order. Plaintiff was warned that failure to

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comply with the court’s order could result in dismissal of this action. Id. at 6. The district court

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has authority to dismiss a pro se plaintiff's action for failure to prosecute. See Fed. R. Civ. P.

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41(b); Link v. Wabash R. Co., 370 U.S. 626, 629 (1962). Additionally, mail sent to plaintiff was

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recently returned as undeliverable with an indication that he had been paroled. The court notes

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that it has the power to dismiss this action because plaintiff consented to magistrate judge

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jurisdiction. ECF No. 4; see Wilhelm v. Rotman, 680 F.3d 1113, 1119-21 (9th Cir. 2012).

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Accordingly, it is HEREBY ORDERED that this action is dismissed without prejudice.
DATED: June 27, 2017

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