Baker v. California Correctional Health Care Services

Filing 10

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MILLARD WAYNE BAKER, JR., 12 13 14 No. 2:16-cv-2418-CMK-P Plaintiff, vs. ORDER CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, 15 Defendant. 16 17 / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 19 636(c) and no other party has been served or appeared in the action. 20 The court issued an order to show cause on November 2, 2017, requiring plaintiff 21 to show cause why this action should not be dismissed for failure to state a claim. Plaintiff was 22 informed as to the deficiencies in his complaint, and was provided an opportunity to show the 23 court why this case should not be dismissed. Plaintiff was warned that failure to file a response 24 to the order to show cause could result in dismissal of this action for lack of prosecution, failure 25 to comply with court rules and orders, as well as failure to state a claim. See Local Rule 110. To 26 date, plaintiff has not filed a response to the order to show cause. 1 1 The undersigned therefore finds it appropriate to dismiss this action for failure to 2 state a claim as well as plaintiff’s failure to comply to court rules and orders. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 This action is dismissed for plaintiff’s failure to state a claim upon which relief can be granted; and 2. The Clerk of the Court is directed to close this case. 7 8 9 10 DATED: January 12, 2018 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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