Benny Hernandez v. McDonald et al

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 04/22/13 ordering this action is dismissed 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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BENNY HERNANDEZ,
Plaintiff,

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vs.

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No. 2:12-cv-2254 AC P

MIKE McDONALD,
Defendant.

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ORDER
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis who seeks

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relief pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the

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undersigned. ECF No. 5.

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By order filed February 12, 2013, this court ordered plaintiff to complete and

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return to the court, within twenty-eight days, the USM-285 forms necessary to effect service on

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defendant. ECF No. 11. A review of the docket reflects that the order was served on plaintiff on

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February 12, 2013, and, to date, has not been returned.
More than twenty-eight days have passed since the court entered is February 12,

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2013 order, and plaintiff has not complied or otherwise responded in any way.

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IT IS HEREBY ORDERED that this action be dismissed without prejudice. See

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Fed. R. Civ. P. 41(b).

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DATED: April 22, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:rb/hern224.fusm

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