Carter v. Walker

Full title: BYRON CARTER, Plaintiff, v. JAMES WALKER, et al., Defendants

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

Date published: Dec 4, 2009

No. CIV S-09-0437 EFB P (E.D. Cal. Dec. 4, 2009)

Opinion

No. CIV S-09-0437 EFB P.

December 4, 2009

ORDER

EDMUND BRENNAN, Magistrate Judge

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 plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2).

On September 9, 2009, the court dismissed plaintiff's complaint with leave to amend. The dismissal order explained the complaint's deficiencies, gave plaintiff 30 days to file an amended complaint correcting those deficiencies, and warned plaintiff that failure to file an amended complaint may result in this action being dismissed.

The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court's order.

Accordingly, this action is DISMISSED without prejudice.