in re: Samuel T. Cox

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 03/31/15 ordering this matter is dismissed without prejudice. CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL T. COX, 12 Plaintiff, 13 14 No. 2:13-cv-00945 AC P v. ORDER UNKNOWN, 15 Defendant. 16 17 By order filed January 30, 2015, plaintiff was informed that, to commence this matter as a 18 civil action in this court, he must, within thirty days, file a complaint; plaintiff was also informed 19 that he had the option of submitting an application to proceed in forma pauperis or pay the filing 20 fee. See ECF No. 8. Plaintiff was informed that failure to comply with the court’s order would 21 result in the dismissal of this matter without prejudice pursuant to Federal Rules of Civil 22 Procedure 41(b). Review of the Inmate Locator website operated by the California Department of 23 Corrections and Rehabilitation (CDCR) indicates that plaintiff remains incarcerated at California 24 State Prison-Sacramento (CSP-SAC),1 where the court’s order was served on plaintiff. However, 25 plaintiff has not responded to the court’s order, and time for doing so has expired. 26 27 28 1 See http://inmatelocator.cdcr.ca.gov/search.aspx. See also Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be questioned). 1 1 2 Accordingly, this matter is dismissed without prejudice. See Fed. R. Civ. P. 41(b). DATED: March 31, 2015 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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