Ayala v. Salazar et al

Filing 12

ORDER signed by Magistrate Judge Deborah Barnes on 1/18/19 ORDERING that within 14 days of the date of this order, plaintiff shall either dismiss this action or file an amended complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMUNDO JIMENEZ-AYALA,

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Plaintiff,

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No. 2:17-cv-1150 DB P

v.

ORDER

J. SALAZAR, et al.,

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Defendants.

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Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to Bivens

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vs. Six Unknown Agents, 403 U.S. 388 (1971). Plaintiff alleges defendants failed to provide him

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with adequate medical treatment in violation of the Eighth Amendment.

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By order dated November 26, 2018, plaintiff’s first amended complaint was screened and

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dismissed for failure to state a claim. (ECF No. 11.) Plaintiff was directed to file an amended

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complaint within thirty days and warned that failure to file an amended complaint would result in

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a recommendation that this action be dismissed. Those thirty days have passed and plaintiff has

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not filed an amended complaint, requested additional time to file an amended complaint, updated

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his address, or otherwise responded to the court’s order.
Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this order,

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plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so the court

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will recommend that this action be dismissed for plaintiff’s failure to comply with court orders

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and failure to prosecute. See E.D. Cal. R. 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41.

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Dated: January 18, 2019

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DLB:12
DLB:1/Orders/Prisoner.Civil.Rights/jimi1150.osc

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