O'Neill v. El Dorado County Sheriff's et al.

Filing 10

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/2/2017 DISMISSING this action without prejudice. CASE CLOSED. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NEAL O’NEILL,

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No. 2:16-cv-0069-EFB P
Plaintiff,

v.

ORDER

EL DORADO COUNTY SHERIFFS, et
al.,
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. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

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On March 23, 2017, the court determined that plaintiff’s complaint stated a potentially

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cognizable First Amendment access to the courts claim against defendant Isaccson. ECF No. 7.

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That order also dismissed all other claims and defendants with leave to amend. Plaintiff was

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directed to return the documents necessary to effect service of process on defendant Isaccson or to

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file an amended complaint attempting to cure the defects listed therein within thirty days . Id.

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That order warned plaintiff that failure to comply with the order could result in dismissal of this

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case. The time for acting has passed and plaintiff has failed to return the documents necessary to
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effect service of process on defendant, failed to file an amended complaint and has not otherwise

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responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.

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Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.

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Dated: May 2, 2017.

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