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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD LATHAN,

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No. 2:11-cv-27-EFB P

Petitioner,
v.

ORDER

GARY SWARTHOUT,

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Respondent.

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Petitioner is a state prisoner proceeding in forma pauperis and without counsel seeking a

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writ of habeas corpus.1 See 28 U.S.C. § 2254. On February 7, 2017, the court ordered petitioner

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to file a civil rights complaint pursuant to 42 U.S.C. § 1983 within 30 days or risk dismissal of

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this action for failure to prosecute. ECF No. 22. The time for acting has passed and petitioner

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has not filed a complaint or otherwise responded to the court’s order.

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Accordingly, it is hereby ORDERED that this action is dismissed without prejudice.
Dated: March 14, 2017.

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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).