Miller v. Elam

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 05/31/11 DISMISSING CASE without prejudice. CASE CLOSED. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT MILLER,

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Plaintiff,

No. 2:11-cv-0931 KJN P

vs.
NATHANIEL ELAM,

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Defendant.

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ORDER
/

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By order filed April 21, 2011, plaintiff’s complaint was dismissed based on

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plaintiff’s failure to state a cognizable civil rights claim against defendant Elam, and plaintiff was

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granted thirty days leave to file an amended complaint or voluntarily dismiss this action. The

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thirty day period has now expired, and plaintiff has not filed an amended complaint, voluntary

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dismissal, or otherwise responded to the court’s order. Plaintiff filed a consent to proceed before

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the undersigned on April 20, 2011 (Dkt. No. 5).

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Accordingly, IT IS HEREBY ORDERED this action is dismissed without

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prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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DATED: May 31, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mill0931.fta

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