Payton v. Sacramento County Sheriff

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 5/22/17: This action is dismissed without prejudice. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KASHANDA PAYTON,

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Plaintiff,

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No. 2:15-cv-2270 DB P

v.

ORDER

SACRAMENTO COUNTY SHERIFF,

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Defendant.

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Plaintiff, acting pro se, has filed a civil rights action under 42 U.S.C. § 1983. Plaintiff

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alleges that an unlawful body search was conducted on her and other female inmates by male

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correctional officers when she was incarcerated at the Rio Consumnes Correctional Center in

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2015. Plaintiff consented to the jurisdiction of a magistrate judge to conduct all proceedings in

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this case. (ECF No. 5.)
Upon screening, the court found that plaintiff’s complaint showed she had not exhausted

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her administrative remedies. (See Mar. 15, 2017 Order (ECF No. 9).) Plaintiff was ordered to

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show cause within thirty days why this case should not be dismissed for failure to exhaust

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administrative remedies. Plaintiff was warned that her failure to file a response, or to otherwise

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respond to the court’s order, would result in dismissal of this action.

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Thirty days have passed and plaintiff has filed nothing in response to the court’s March

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15, 2017 Order. Accordingly, IT IS HEREBY ORDERED that this action is dismissed without

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prejudice. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b).

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Dated: May 22, 2017

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DLB:9
DLB1/prisoner-civil rights/payt2270.or

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