Turcios v. Six Unknown Agents or Mr President of the United States Barack Obama

Filing 3

ORDER DISMISSING Action signed by District Judge Lawrence J. O'Neill on 1/10/2014. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SANTOS DIAZ-HERNANDEZ, 10 Plaintiff, 11 v. 12 Case No. 1:13-cv-01922-LJO-SKO PC ORDER DISMISSING ACTION (Doc. 2) SIX UNKNOWN NAMES AGENTS, et al., 13 Defendants. 14 15 _____________________________________/ 16 On November 27, 2013, the Court issued an order striking Plaintiff’s unsigned complaint 17 18 and requiring Plaintiff to file a signed complaint and either pay the $400.00 filing fee or file an 19 application to proceed in forma pauperis, within thirty days. More than thirty days have passed 1 20 and Plaintiff has not complied with or otherwise responded to the Court’s order. Plaintiff was 21 warned that dismissal would occur if he failed to obey the order. A civil action may not proceed absent the submission of a signed complaint and either the 22 23 filing fee or a completed application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915; Fed. 24 R. Civ. P. 3, 11(a). Based on Plaintiff’s failure to comply with the Court’s order, dismissal of this 25 action is appropriate. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 26 1217, 1226 (9th Cir. 2006); Local Rule 110. 27 28 1 Error! Main Document Only.On December 10, 2013, the United States Postal Service returned the order as undeliverable. However, Plaintiff has not notified the Court of any change in his address. Absent such notice, service at a party’s prior address is fully effective. Local Rule 182(f). 1 Accordingly, the Court HEREBY ORDERS this action dismissed for failure to prosecute. 2 3 4 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill January 10, 2014 UNITED STATES DISTRICT JUDGE 5 6 7 8 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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