Fisher v. Felker, et al

Filing 31

ORDER signed by District Judge Philip M. Pro on 9/8/09 ORDERING that Plaintiff Fisher's MOTION for an Order to Show Cause for a Preliminary Injunction filed 6/12/09 27 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA *** AL GENE FISHER, Plaintiff, vs. T. FELKER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) 2:07-CV-02271- PMP-GWF ORDER

On June 25, 2009, the Honorable George Foley, Jr., United States Magistrate Judge, entered an Order recommending that Plaintiff's Civil Rights Complaint (Doc. #13) be denied. The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C.§ 636(b)(1)(C) and determines that Magistrate Judge Foley's Order (Doc. #28), filed on June 25, 2009, should be Affirmed. IT IS THEREFORE ORDERED that Plaintiff Al Gene Fisher's Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 (Doc. #13) is DISMISSED with prejudice based on Plaintiff's failure to comply with Magistrate Judge Foley's Order (Doc. #28) requiring Plaintiff to return the completed Notice of Submission of Documents, completed summons, completed USM-295 forms, and three (3) copies

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of the endorsed May 12, 2008, complaint to the Clerk of Court. IT IS FURTHER ORDERED that Plaintiff Fisher's Motion for an Order to Show Cause for a Preliminary Injunction (Doc. #27) filed June 12, 2009, is DENIED as moot. DATED: September 8, 2009. PHILIP M. PRO United States District Judge

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