McCoy v. Kelso, et al.

Filing 12

ORDER VACATING 7 FINDINGS AND RECOMMENDATIONS to Dismiss for Failure to Prosecute signed by Magistrate Judge Gerald B. Cohn on 11/6/2012. (Jessen, A)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 JOSEPH RAYMOND McCOY, CASE NO. 1:12-cv-00983-AWI-GBC (PC) 5 Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS TO DISMISS FOR FAILURE TO PROSECUTE 6 v. 7 J. CLARK KELSO, et al., Doc. 7 8 Defendants. 9 / 10 11 On June 19, 2012, Plaintiff Joseph Raymond McCoy (“Plaintiff”), a state prisoner proceeding 12 pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1. On June 19, 2012, the 13 Court ordered Plaintiff to either consent to or decline Magistrate Judge jurisdiction within thirty 14 days. Doc. 2. Plaintiff failed to comply, and on August 6, 2012, the Court issued a second order 15 requiring Plaintiff to file a response within thirty days. Doc. 4. 16 On September 18, 2012, the Court issued Findings and Recommendations, recommending 17 that this action be dismissed, without prejudice, based on Plaintiff’s failure to prosecute. Doc. 7. On 18 October 29, 2012, Plaintiff returned the consent or decline form, declining Magistrate Judge 19 jurisdiction. Doc. 10. The Court HEREBY VACATES the Findings and Recommendations issued 20 September 18, 2012. 21 IT IS SO ORDERED. 22 23 24 25 26 27 28 Dated: 7j8cce November 6, 2012 UNITED STATES MAGISTRATE JUDGE

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