Durden v. El Dorado County Superior Court

Filing 7

ORDER signed by Magistrate Judge Craig M. Kellison on 12/13/2013 DISMISSING this action for lack of prosecution and failure to comply with court rules and orders; and the Clerk shall enter judgment and close this file. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY FRANCIS DURDEN,

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Petitioner,

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No. 2:13-CV-0535-CMK-P

vs.

ORDER

EL DORADO COUNTY SUPERIOR
COURT,

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Respondent.
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/
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to Magistrate Judge

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jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the

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action.

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On May 3, 2013, the court directed petitioner to submit either a completed

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application for leave to proceed in forma pauperis or the full filing fee for this action within 30

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days. Petitioner was warned that failure to comply may result in dismissal of this action for lack

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of prosecution and failure to comply with court rules and orders. See Local Rule 110. As of July

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29, 2013, petitioner had not complied and the court directed petitioner to show cause in writing
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within 30 days why the action should not be dismissed for lack of prosecution and failure to

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comply with court rules and orders. More than 30 days have elapsed and petitioner has not

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responded or resolved the fee status for this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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This action is dismissed for lack of prosecution and failure to comply with

court rules and orders; and
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The Clerk of the Court is directed to enter judgment and close this file.

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DATED: December 13, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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