Barger v. Director of Cdcr

Full title: GARY FRANCIS BARGER, Plaintiff, v. DIRECTOR OF CDCR, Defendant.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 18, 2015

2:14-cv-2310-CMK-P (E.D. Cal. Aug. 18, 2015)

Opinion

GARY FRANCIS BARGER, Plaintiff, v. DIRECTOR OF CDCR, Defendant. No. 2:14-cv-2310-CMK-P United States District Court, E.D. California. August 18, 2015

          ORDER

          CRAIG M. KELLISON, Magistrate Judge.

         Plaintiff Gary Barger, also known as Gary Fisher, is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the action. The court issued an order to show cause on May 28, 2015, requiring plaintiff to show cause why this action should not be dismissed.

         The court found it had previously determined plaintiff is barred from proceeding in forma pauperis pursuant to 28 U.S.C. § 1985(g), and that it did not appear that plaintiff was under imminent danger of serious physical injury when he filed the complaint. Plaintiff was provided an opportunity to show cause why this action should not be dismissed. Plaintiff was warned that failure to respond to the order to show cause may result in the dismissal of this action for the reasons outlined as well as for failure to prosecute and comply with court rules and orders. See Local Rule 110.

         Plaintiff failed to file a response to the court's order as directed.

         Accordingly, IT IS HEREBY ORDERED that:

         1. This action is dismissed without prejudice to re-filing upon pre-payment of the filing fees; and

         2. The Clerk of the Court is directed to close this case.