Wright v. Swingle et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/17/11 ordering the clerk of the court is directed to send a copy of plaintiff's original complaint and a copy of this order to the Plata Receiver, California Correctional Health Care Services, Controlled Correspondence Unit, P.O. Box 4038, Sacramento, CA 95812-4038. This action is dismissed without prejudice. (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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DANIEL WRIGHT,
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Plaintiff,
No. 2:11-cv-1792 DAD (PC)
vs.
DOROTHY SWINGLE, et al.,
Defendants.
ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to
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42 U.S.C. § 1983. Plaintiff, the only party to appear in this action, has consented to proceed
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before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
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By order filed October 4, 2011, plaintiff’s complaint was dismissed and thirty
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days leave to file an amended complaint was granted. Plaintiff was cautioned that failure to file
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an amended complaint might result in the dismissal of this action. The thirty day period has now
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expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s
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order. Accordingly, the action will be dismissed.
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In the October 4, 2011 order, the Clerk of the Court was directed to send a copy of
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plaintiff’s original complaint and a copy of that order to the Plata Receiver. On October 27,
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2011, a litigation coordinator at the Division of Correctional Health Care Services returned the
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documents to the Clerk of the Court with a letter providing contact information for the defendant
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named in plaintiff’s original complaint. The purpose of sending a copy of the original complaint
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to the Plata Receiver was to bring the allegations contained therein to the attention of the
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Receiver. Good cause appearing, the Clerk of the Court will be directed to resend a copy of the
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original complaint and this order to the Receiver.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. The Clerk of the Court is directed to directed to send a copy of plaintiff’s
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original complaint and a copy of this order to the Plata Receiver, California Correctional Health
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Care Services, Controlled Correspondence Unit, P.O. Box 4038, Sacramento, CA 95812-4038;
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and
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2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ.
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P. 41(b).
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DATED: November 17, 2011.
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DAD:12
wrig1792.fta
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