Marshall v. Abernathy et al

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 11/06/17 ORDERING this action is dismissed without prejudice, The Clerk of Court is directed to close this case. CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAEWEATHERS MARSHALL, 12 Plaintiff, 13 14 No. 2:17-cv-1272 AC P v. ORDER J. ABERNATHY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with this action filed under 42 U.S.C. § 18 1983. Plaintiff has consented to the jurisdiction of the undersigned Magistrate Judge for all 19 purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). See ECF No. 8. 20 By order filed September 9, 2017, this court granted plaintiff’s request to proceed in 21 forma pauperis and dismissed the complaint with leave to file an amended complaint within thirty 22 days. See ECF No. 9. The court informed plaintiff of the deficiencies in his complaint and the 23 requirements for stating potentially cognizable claims in an amended complaint. Id. Plaintiff was 24 informed that failure to timely file an amended complaint would result in the dismissal of this 25 action without prejudice. Id. The time for filing an amended complaint has expired, and plaintiff has not filed an 26 27 amended complaint or otherwise responded to the court’s order. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. This action is dismissed without prejudice, Rule 41(b), Federal Rules of Civil 3 4 5 Procedure; and 2. The Clerk of Court is directed to close this case. DATED: November 6, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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