Moten v. Felker

Filing 12

ORDER signed by Magistrate Judge Gregory G. Hollows on 01/20/09 DISMISSING CASE without prejudice. CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Both parties have consented to the jurisdiction of the undersigned. See Docket Entries # 3 and #9. 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EZEKIEL M. MOTEN, Petitioner, vs. T. FELKER, Respondent. / By order filed December 1, 2008, petitioner was ordered to show cause, within thirty days, why respondent's August 28, 2008, motion to dismiss on the basis that the statute of limitations barred the action should not be granted.1 The thirty day period has now expired, and petitioner has not shown cause or otherwise responded to the court's order. IT IS HEREBY ORDERED this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). DATED: January 20, 2009 GGH:009/035 mote1613.fsc No. CIV S-08-1613 GGH P ORDER /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

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