Henderson v. Barnes, et al.

Filing 10

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 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 LAMOND HENDERSON, 11 Plaintiff, 12 13 14 v. No. 2:15-cv-1826-EFB P ORDER R. BARNES, et al., Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 18 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C. 19 § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). 20 On March 22, 2017, the court determined that plaintiff’s complaint stated a potentially 21 cognizable Eighth Amendment excessive force claims against defendants Meraz and Mejia. ECF 22 No. 7. That order also dismissed all other claims and defendants with leave to amend. Plaintiff 23 was directed to return the documents necessary to effect service of process on defendants Meraz 24 and Mejia or to file an amended complaint attempting to cure the defects listed therein within 25 thirty days. Id. That order warned plaintiff that failure to comply with the order could result in 26 dismissal of this case. The time for acting has passed and plaintiff has failed to return the 27 documents necessary to effect service of process on defendants, failed to file an amended 28 complaint and has not otherwise responded to the court’s order. 1 1 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. 2 Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110. 3 Dated: May 9, 2017. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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