Lathan v. Swarthout

Filing 23

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/14/2017 DISMISSING this action without prejudice. CASE CLOSED.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD LATHAN, 12 13 14 No. 2:11-cv-27-EFB P Petitioner, v. ORDER GARY SWARTHOUT, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding in forma pauperis and without counsel seeking a 18 writ of habeas corpus.1 See 28 U.S.C. § 2254. On February 7, 2017, the court ordered petitioner 19 to file a civil rights complaint pursuant to 42 U.S.C. § 1983 within 30 days or risk dismissal of 20 this action for failure to prosecute. ECF No. 22. The time for acting has passed and petitioner 21 has not filed a complaint or otherwise responded to the court’s order. 22 23 Accordingly, it is hereby ORDERED that this action is dismissed without prejudice. Dated: March 14, 2017. 24 25 26 27 28 1 This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to petitioner’s consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

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