Watkins v. Dickinson

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 7/28/11: This action is dismissed without prejudice, and this case is closed. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 NOEL KEITH WATKINS, 12 Plaintiff, 13 14 No. CIV S-11-1386 CMK (TEMP) P vs. KATHLEEN DICKINSON, 15 Defendant. 16 ORDER / 17 Plaintiff is a state prisoner proceeding without counsel. On May 23, 2011, the 18 court opened this case upon plaintiff’s filing a motion for an extension of forty-five days “in 19 which to prepare and file his case with the U.S. District Court Eastern District.” Motion at 2 20 (Docket No. 1). Plaintiff states no facts or legal bases on which this court could construe his 21 motion as a complaint for relief under any federal statute. Furthermore, the court cannot 22 authorize an extension of time for a putative litigant to initiate an as-yet unfiled action. Because 23 plaintiff states no basis on which he could obtain relief from this court, this action will be 24 dismissed without prejudice. 25 /// 26 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice, and this case is closed. 3 4 DATED: July 28, 2011 5 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 hm watk1386.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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