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Paul Samuel Johnson v. Matthew Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 16, 2012

PAUL SAMUEL JOHNSON, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se seeks relief pursuant to 42 U.S.C. § 1983. This case is before the undersigned pursuant to plaintiff's consent. Doc. 9. On June 14, 2012, plaintiff's original complaint was dismissed and plaintiff was provided 28 days to file an amended complaint or else this case would be dismissed. Plaintiff's address changed and the June 14, 2012, screening order was reserved on plaintiff at his updated address on August 1, 2012. On September 13, 2012, a 21 day extension was also provided. On September 26, 2012, plaintiff requested more information about this instant action as he stated he has 12 cases proceeding in five courts and cannot remember what the current case is about.*fn1 The court sent plaintiff a copy of the June 14, 2012, screening order describing this case.*fn2 On October 11, 2012, plaintiff filed a notice that he now needs the court to send him a copy of his original complaint.*fn3

The court has been waiting for an amended complaint for four months and has already provided plaintiff extensions and copies of prior orders. Based on the record, it does not appear that plaintiff will file an amended complaint.

Accordingly, IT IS HEREBY ORDERED that this action be dismissed for the reasons set forth in the June 14, 2012, screening order and for failure to follow court instructions. See Local Rule 110; Fed. R. Civ. P. 41(b).


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