Downs v. Balls

Full title: GREGORY DOWNS, Plaintiff, v. LORI BALLS, et al., Defendants.

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

Date published: Nov 4, 2015

2:15-cv-0507 KJN P (E.D. Cal. Nov. 4, 2015)

Opinion

GREGORY DOWNS, Plaintiff, v. LORI BALLS, et al., Defendants. No. 2:15-cv-0507 KJN P United States District Court, E.D. California. November 4, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff is a state prisoner, proceeding without counsel. Plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c).

         By order filed April 22, 2015, plaintiff's complaint was dismissed and thirty days leave to file an amended complaint was granted. On May 22, 2015, June 30, 2015, August 11, 2015, and September 23, 2015, plaintiff was granted extensions of time in which to file an amended complaint. Plaintiff's amended complaint was due on October 14, 2015, and plaintiff was cautioned that failure to timely comply with the September 23, 2015 order would result in the dismissal of this action. Despite being provided with a complaint form and several extensions of time, plaintiff has not filed an amended complaint. This action cannot proceed without an operative pleading.

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