IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 1, 2009
MARK A. NUNEZ, PLAINTIFF,
YOLO COUNTY JAIL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David Alan Ezra United States District Judge
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE
By order filed July 21, 2009, plaintiff's complaint was dismissed and thirty days leave to file an amended complaint was granted. (Doc. # 7.) The thirty day period has now expired, and plaintiff has not filed an amended complaint or otherwise responded to the Court's order.
Accordingly, IT IS HEREBY ORDERED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). Furthermore, as this Court cautioned in its order, dismissal of this action is hereby counted as a "strike" under 28 U.S.C. § 1915(g). See McHenry v. Renne, 84 F.3d 1172, 1177-79 (9th Cir. 1996).
IT IS SO ORDERED.
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