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Jose Estrada v. Mccue

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


December 13, 2012

JOSE ESTRADA, PLAINTIFF,
v.
MCCUE, 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, the only party to appear in this action, has consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). See Consent filed Feb. 1, 2012 (Doc. No. 5). By order filed August 24, 2012, plaintiff's amended complaint was dismissed and he was granted thirty days in which to file a second amended complaint. Plaintiff subsequently received two extensions of time to file a second amended complaint. See Orders filed Sept. 18, 2012 (Doc. No. 16) and Nov. 9, 2012 (Doc. No. 19). The second of those orders granted plaintiff a final period of fourteen days in which to file a second amended complaint and cautioned him that failure to do so would result in an order dismissing this action without prejudice.*fn1 The fourteen day period has now passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the court's order.

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


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