Hernandez v. Guzman et al

Filing 12

Order Dismissing Case. Plaintiff has not filed an amended complaint as ordered or otherwise responded to the order of the magistrate judge. Accordingly, upon considered review of the record and the order of the magistrate judg e, plaintiffs action is DISMISSED pursuant to 28 U.S.C. § 1915(e), and for failure to prosecute. The clerk is DIRECTED to close this case. Signed by District Judge Louise Wood Flanagan on 8/30/2017. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-275-FL
OSCAR G. HERNANDEZ,
Plaintiff,
v.
SALVADOR GUZMAN Supervisor; JUAN
ROMERO Supervisor; and MARIO
ROMERO Supervisor,
Defendants.

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ORDER

This matter is before the court on order of Magistrate Judge James E. Gates, entered July 17,
2017, wherein upon frivolity review of plaintiff’s claims pursuant to 28 U.S.C. § 1915(e), the
magistrate judge directed plaintiff to file an amended complaint addressing the deficiencies noted
therein. The court warned plaintiff that if he failed to file an amended complaint by August 14,
2017, that the case may be dismissed on the basis of the deficiencies noted and on any other grounds
for dismissal presented. Plaintiff has not filed an amended complaint as ordered or otherwise
responded to the order of the magistrate judge. Accordingly, upon considered review of the record
and the order of the magistrate judge, plaintiff’s action is DISMISSED pursuant to 28 U.S.C. §
1915(e), and for failure to prosecute. The clerk is DIRECTED to close this case.
SO ORDERED, this the 30th day of August, 2017.

_________________________
LOUISE W. FLANAGAN
United States District Judge