Chung v. Radio Station FM 107.5 et al
Filing
13
Opinion and Order: Plaintiff failed to comply with this Courts order 8 , therefore, this action is dismissed without prejudice for failure to prosecute. Signed on 11/17/2014 by Judge Michael J. McShane. (cp) Modified for clarity of the record on 11/18/2014 (ljb).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ANDY CHUNG,
Plaintiff,
v.
Civ. No. 6:14-cv-01485-MC
OPINION AND ORDER
RADIO STATION FM 107.5
(FORMALLY 95.5), ALL DJS,
OWNER-CLEAR CHANNELS, and
MANAGERS,
Defendants.
_____________________________
MCSHANE, Judge:
Plaintiff, pro se, filed this action against Radio Station FM 107.5, unnamed disk jockeys
(DJs), unnamed Managers, and Owner, Clear Channels, for various state law claims. Compl. 3,
5, ECF No. 1. 1 On September 24, 2014, this Court dismissed plaintiff’s action under FRCP
12(b)(6) and 28 U.S.C. § 1915(e)(2)(B) for lack of subject matter jurisdiction and failure to state
a claim. Order 1–4, Sept. 24, 2014, ECF No. 5. In consideration of plaintiff’s pro se status, this
Court granted plaintiff until October 24, 2014 “to file an amended complaint curing the
deficiencies identified.” Id. at 4. On October 1, 2014, this Court received a response from
plaintiff that elaborated on the underlying factual circumstances. Pl.’s Resp. 1–3, ECF No. 7. On
October 9, 2014, this Court extended plaintiff’s filing deadline until November 10, 2014, and
again instructed plaintiff “to file an amended complaint curing the deficiencies identified.” Order
1
Plaintiff alleged defamation and invasion of privacy (e.g., intrusion upon the seclusion of others and public
disclosure of private facts). See Compl. 3, ECF No. 1.
1 – OPINION AND ORDER
2, Oct. 9, 2014, ECF No. 8. Plaintiff has not taken additional action since that time. Accordingly,
because plaintiff failed to comply with this Court’s order, ECF No. 8, this action is dismissed
without prejudice for failure to prosecute.
IT IS SO ORDERED.
DATED this 17th day of November, 2014.
____________________________
Michael J. McShane
United States District Judge
2 – OPINION AND ORDER
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