Williams v. Sobel et al
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/14/11 ordering this action is dismissed. The clerk of the court is directed to enter judgment and close this case. CASE CLOSED. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DONALD WILLIAMS,
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Plaintiff,
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No. CIV S-10-3406-CMK-P
vs.
ORDER
ALLEN SOBEL, et al.,
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Defendants.
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/
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983, challenging a prison disciplinary proceeding. Plaintiff has consented to
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Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served
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or appeared in the action. The court issued an order to show cause on September 2, 2011,
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requiring plaintiff to show cause why this action should not be dismissed for failure to state a
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claim.
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The court outlined plaintiff’s allegations in its prior order and will not repeat them
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here. The court found plaintiff’s amended complaint was insufficient as he stated no cognizable
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theory of liability. The court determined that his request for enforcement of a settlement
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agreement is not properly the subject of a new action, but rather should be addressed in the
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original action. Plaintiff was warned that failure to respond to the order to show cause may result
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in the dismissal of this action for the reasons outlined as well as for failure to prosecute and
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comply with court rules and orders. See Local Rule 110.
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Plaintiff has not responded to the court’s order as directed. The undersigned finds
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it appropriate to dismiss this action for plaintiff’s failure to comply to court order, and failure to
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state a claim upon which relief can be granted.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
This action is dismissed; and
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The Clerk of the Court is directed to enter judgment and close this case.
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DATED: November 14, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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