Moreno v. Paramo et al

Filing 6

ORDER DISMISSING Action Without Prejudice. Signed by Judge Cathy Ann Bencivengo on 3/6/2018.(All non-registered users served via U.S. Mail Service)(jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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FRANCISCO MORENO,

Case No.: 17cv1449-CAB-KSC
Plaintiff,

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v.

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ORDER DISMISSING ACTION
WITHOUT PREJUDICE

DANIEL PARAMO, et al.,

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Defendant.

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FRANCISCO MORENO (“Plaintiff”), currently incarcerated at the California

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Health Care Facility (“CHCF”) in Stockton, California, and proceeding pro se, filed a

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civil rights complaint against the Warden of Richard J. Donovan Correctional Facility

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(“RJD”)(Paramo) and three RJD doctors (Walker, Luu, and Bates) pursuant to 42 U.S.C.

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§1983, on July 17, 2017. [Doc. No. 1.]

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On January 25, 2018, this Court issued an order 1) sua sponte dismissing

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Defendant Paramo pursuant to 28 U.S.C. §1915(b)(1) and 2) ordering Plaintiff to file

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either a written request that the Clerk issue a summons as to the remaining parties (so that

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Plaintiff may then serve them) or file a written request that the Court order the U.S.

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Marshal service to serve the remaining parties pursuant to Fed.R.Civ.P. 4(c)(3). [Doc.

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No. 5 at 8.] Plaintiff was ordered to file one or the other request by February 26, 2018.

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Id. Plaintiff was warned that, if he failed to do so, the action would be dismissed without
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17cv1449-CAB-KSC

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prejudice. Id. To date, Plaintiff has not filed either request. Therefore, the entire action

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is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court shall CLOSE the

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case.

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IT IS SO ORDERED.
Dated: March 6, 2018

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17cv1449-CAB-KSC