IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 9, 2012
RODNEY FRAZIER, PLAINTIFF,
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to the parties' consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(3).
On September 2, 2011, defendant Aramark filed a motion to dismiss on the ground that plaintiff lacks standing, there is no longer a live controversy and that the matter is now moot. See Fed. R. Civ. P. 12(b)(6). Plaintiff failed to file an opposition or a statement of no opposition to the motion to dismiss.
Accordingly, on December 5, 2011, the court gave plaintiff twenty-one days to file an opposition or statement of non-opposition and warned him that failure to do so could result in this action be dismissed. See Fed. R. Civ. P. 41(b). The time for acting has passed and plaintiff has not filed an opposition, a statement of no opposition or otherwise responded to the court's order.
Plaintiff has been warned that he must file a response to defendants' motion. Plaintiff has disobeyed this court's orders and failed to prosecute this action. The appropriate sanction is dismissal without prejudice.
Accordingly, it is ORDERED that this action is dismissed without prejudice. See Fed. R. Civ. P. 41(b).
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