Cho v. Six Unknown Names Agents Or Mr. President Of The United States Barack Obama

Filing 3

ORDER DISMISSING Action, Without Prejudice, For Failure To Obey Court Order (Doc. 2 ), signed by Chief Judge Anthony W. Ishii on 6/7/2012. CASE CLOSED.(Fahrney, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 CHUL HYUN CHO, CASE NO. 1:12-cv-00639-AWI-SKO PC 9 Plaintiff, ORDER DISMISSING ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDER 10 v. 11 SIX UNKNOWN NAMES AGENTS, et al., (Doc. 2) 12 Defendants. 13 / 14 15 On April 23, 2012, Chul Hyun Cho, a federal prisoner proceeding pro se, filed what was 16 construed as a civil rights complaint. The complaint was not signed and it set forth no intelligible 17 claims for relief. Because the Court cannot consider unsigned filings, the complaint was stricken 18 from the record on April 25, 2012, and Plaintiff was ordered to file a signed complaint within thirty 19 days. In addition, Plaintiff was ordered to either file a motion seeking leave to proceed in forma 20 pauperis or pay the $350.00 filing fee in full within thirty days. Plaintiff has not timely complied 21 with the Court’s order or otherwise responded, and Plaintiff was warned that this action would be 22 dismissed if he did not comply.1 23 A civil action may not proceed absent the submission of a pleading and either an application 24 to proceed in forma pauperis or the filing fee. 28 U.S.C. §§ 1914, 1915; Fed. R. Civ. P. 3. Because 25 Plaintiff has not responded to the Court’s order to submit a signed complaint and either an 26 application to proceed in forma pauperis or the filing fee, dismissal of this action is appropriate. In 27 1 28 The order was returned as undeliverable, but absent a notice of change of address, service at Plaintiff’s address of record is valid. Local Rule 182(f). 1 1 re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); 2 Local Rule 110. 3 4 Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for failure to obey a court order. 5 6 IT IS SO ORDERED. 7 8 Dated: 0m8i78 June 7, 2012 CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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