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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAYMOND McCOY,

CASE NO. 1:12-cv-00983-AWI-GBC (PC)

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Plaintiff,

ORDER VACATING FINDINGS AND
RECOMMENDATIONS TO DISMISS FOR
FAILURE TO PROSECUTE

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v.
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J. CLARK KELSO, et al.,

Doc. 7

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Defendants.
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On June 19, 2012, Plaintiff Joseph Raymond McCoy (“Plaintiff”), a state prisoner proceeding

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pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1. On June 19, 2012, the

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Court ordered Plaintiff to either consent to or decline Magistrate Judge jurisdiction within thirty

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days. Doc. 2. Plaintiff failed to comply, and on August 6, 2012, the Court issued a second order

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requiring Plaintiff to file a response within thirty days. Doc. 4.

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On September 18, 2012, the Court issued Findings and Recommendations, recommending

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that this action be dismissed, without prejudice, based on Plaintiff’s failure to prosecute. Doc. 7. On

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October 29, 2012, Plaintiff returned the consent or decline form, declining Magistrate Judge

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jurisdiction. Doc. 10. The Court HEREBY VACATES the Findings and Recommendations issued

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September 18, 2012.

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IT IS SO ORDERED.

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Dated:
7j8cce

November 6, 2012
UNITED STATES MAGISTRATE JUDGE