Medina v. Sacramento County Sherriffs Department

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 12/5/2016 DISMISSING this action without prejudice pursuant to Fed.R.Civ.P. 41(b). CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL MEDINA,

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Plaintiff,

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No. 2:16-cv-0765 AC P

v.

ORDER

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT,
Defendant.

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Plaintiff is a state prisoner incarcerated at Avenal State Prison. Plaintiff commenced this

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action on April 14, 2016, by filing a civil rights complaint pursuant to 42 U.S.C. § 1983, together

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with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff

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consented to the jurisdiction of the undersigned Magistrate Judge for all purposes pursuant to 28

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U.S.C. § 636(c) and Local Rule 305(a). See ECF No. 4.

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On October 14, 2016, this court granted plaintiff’s request to proceed in forma pauperis

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and dismissed plaintiff’s complaint with leave to file an amended complaint within thirty days.

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ECF No. 5. The court informed plaintiff of the deficiencies in his complaint, see 28 U.S.C. §

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1915A, including his failure to name a proper defendant, and plaintiff’s concession that he had

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failed to attempt to administratively exhaust his claim. Plaintiff was informed that failure to file

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an amended complaint would result in the dismissal of this action without prejudice. ECF No. 5

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at 8.
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The court’s order was served on plaintiff at his address of record. Pursuant to Local Rule
182(f), service of documents at a party’s record address is fully effective.
More than thirty days have passed since the filing date of the court’s order. Plaintiff has

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not filed an amended complaint or otherwise communicated with the court; it appears that

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plaintiff has abandoned this case.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that this action is

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dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of

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Court is directed to close this case.

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DATED: December 5, 2016

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