Huerta v. Virga

Full title: GIORGINO HUERTA, Plaintiff, v. TIM VIRGA, Defendant.

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

Date published: Sep 8, 2015

2:14-cv-1419 DAD P (E.D. Cal. Sep. 8, 2015)

Opinion

GIORGINO HUERTA, Plaintiff, v. TIM VIRGA, Defendant. No. 2:14-cv-1419 DAD P United States District Court, E.D. California. September 8, 2015

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). (See ECF No. 13.)

         By order filed July 20, 2015, plaintiff's complaint was dismissed and plaintiff was granted thirty days leave to file an amended complaint. More than forty-five days from that date have now passed, and plaintiff has not filed an 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).