Roseberry v. Ramirez et al

Filing 11

ORDER signed by Magistrate Judge Craig M. Kellison on 10/26/2017 DISMISSING this action without prejudice. CASE CLOSED. (Hunt, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN ROSEBERRY,

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Plaintiff,

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No. 2:16-cv-0766-CMK

vs.

ORDER

R. RAMIREZ, et al.

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Defendant.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. §

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636(c) and no other party has been served or appeared in the action.

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The court issued an order to show cause on July 7, 2017, requiring plaintiff to

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show cause why this action should not be dismissed for failure to file an amended complaint.

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Plaintiff was warned that failure to file an amended complaint may result in dismissal of this

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action for lack of prosecution and failure to comply with court rules and orders. See Local Rule

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110. To date, plaintiff has not filed a response to the order to show cause or an amended

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complaint.

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///
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The undersigned therefore finds it appropriate to dismiss this action for plaintiff’s
failure to comply to court orders, and failure to file an amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This action is dismissed without prejudice; and

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2.

The Clerk of the Court is directed to close this case.

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DATED: October 26, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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