Baker v. California Correctional Health Care Services
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/12/18 ORDERING this action is dismissed for plaintiff's failure to state a claim upon which relief can be granted. CASE CLOSED. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MILLARD WAYNE BAKER, JR.,
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No. 2:16-cv-2418-CMK-P
Plaintiff,
vs.
ORDER
CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES,
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Defendant.
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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 November 2, 2017, requiring plaintiff
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to show cause why this action should not be dismissed for failure to state a claim. Plaintiff was
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informed as to the deficiencies in his complaint, and was provided an opportunity to show the
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court why this case should not be dismissed. Plaintiff was warned that failure to file a response
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to the order to show cause could result in dismissal of this action for lack of prosecution, failure
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to comply with court rules and orders, as well as failure to state a claim. See Local Rule 110. To
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date, plaintiff has not filed a response to the order to show cause.
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The undersigned therefore finds it appropriate to dismiss this action for failure to
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state a claim as well as plaintiff’s failure to comply to court rules and orders.
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Accordingly, IT IS HEREBY ORDERED that:
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This action is dismissed for plaintiff’s failure to state a claim upon which
relief can be granted; and
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The Clerk of the Court is directed to close this case.
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DATED: January 12, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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