Phelps v. Potter
ORDER Dismissing Case for Failure to Prosecute, signed by District Judge Lawrence J. O'Neill on 6/27/14. CASE CLOSED. (Verduzco, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:14-CV-00766-LJO-SMS
ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE
MATTHEW L. POTTER,
On May 20, 2014, Plaintiff Daniel Phelps, proceeding pro se, filed the complaint in this
action and requested leave to proceed without paying the filing fee (in forma pauperis). Because
Plaintiff submitted an incomplete declaration that was not sufficient to make the showing required
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
did not do so, the case would be dismissed without prejudice for failure to prosecute. Although
more than thirty days have passed, Plaintiff has neither paid the filing fee nor filed a completed
application to proceed in forma pauperis.
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.
Dated: June 27, 2014
/s/ Lawrence J. O’Neill
United States District Judge
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