Phelps v. Potter

Filing 4

ORDER Dismissing Case for Failure to Prosecute, signed by District Judge Lawrence J. O'Neill on 6/27/14. CASE CLOSED. (Verduzco, M)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 5 DANIEL PHELPS, Plaintiff, 6 7 8 9 v. Case No. 1:14-CV-00766-LJO-SMS ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE MATTHEW L. POTTER, Defendant. (Doc. 3) 10 11 On May 20, 2014, Plaintiff Daniel Phelps, proceeding pro se, filed the complaint in this 12 action and requested leave to proceed without paying the filing fee (in forma pauperis). Because 13 Plaintiff submitted an incomplete declaration that was not sufficient to make the showing required 14 15 16 17 by 28 U.S.C. § 1915(a), the Court denied Plaintiff's motion to proceed in forma pauperis on May 23, 2014. The Court directed Plaintiff either to submit a completed application to proceed in forma pauperis or to pay the filing fee in full within thirty days. The Court's order specified that if Plaintiff 18 did not do so, the case would be dismissed without prejudice for failure to prosecute. Although 19 more than thirty days have passed, Plaintiff has neither paid the filing fee nor filed a completed 20 application to proceed in forma pauperis. 21 22 Accordingly, the Court hereby DISMISSES the above-captioned case without prejudice for failure to prosecute. The Clerk of Court is directed to close the case. 23 24 25 SO ORDERED Dated: June 27, 2014 /s/ Lawrence J. O’Neill United States District Judge 26 27 28 1

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