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