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Daniel Wright v. Dorothy Swingle

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


November 6, 2012

DANIEL WRIGHT, PLAINTIFF,
v.
DOROTHY SWINGLE, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). See Consent filed August 5, 2011 (Doc. No. 5.) By order filed November 18, 2011, this action was dismissed without prejudice due to petitioner's failure to file an amended complaint. Judgment was entered on the same day.

On December 19, 2011, petitioner filed a motion for reconsideration of the order of dismissal and the judgment entered thereon, to amend his petition, and for appointment of counsel. (Doc. No. 12.) By order filed March 19, 2012, plaintiff was granted thirty days to supplement his motion for reconsideration by filing a proposed amended complaint. (Doc. No. 13.) Plaintiff subsequently sought and received an extension of time to file the proposed amended complaint. (Doc. Nos. 14, 16.) On June 27, 2012, plaintiff filed a proposed amended complaint. (Doc. No. 18.) By order filed September 10, 2012, plaintiff's motion for reconsideration of the order dismissing this action and the judgment entered thereon was granted, the action was reopened, plaintiff's amended complaint was dismissed and he was granted thirty days leave to file a second amended complaint. (Doc. No. 20.) Thirty days from that date have now passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the court's September 10, 2012 order.

Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

20121106

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