Perez v. Gipson

Filing 13

ORDER signed by Magistrate Judge Dale A. Drozd on 07/01/14 ordering this action is dismissed without prejudice pursuant to FRCP 41(b). The clerk of the court is directed to close this case. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC PEREZ,

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Petitioner,

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No. 2:13-cv-01921 DAD P

v.

ORDER

CONNIE GIPSON,

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Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis in this habeas corpus

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action filed pursuant to 28 U.S.C. § 2254. The parties have consented to magistrate judge

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jurisdiction over this action for all purposes, pursuant to 28 U.S.C. § 636(c) and Local Rule

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305(a). (See Dkt. Nos. 8, 10.)

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On June 2, 2014, this court directed petitioner to file and serve, within 21 days, an

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opposition, or statement of non-opposition, responsive to respondent’s pending motion to dismiss.

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(See ECF No. 12.) The court also informed petitioner that: “Failure to comply with this order will

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result in the dismissal of this action pursuant Federal Rule of Civil Procedure 41(b).” (Id. at 2.) More

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than 21 days have passed, and petitioner has not responded to the court’s order, or otherwise

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communicated with the court.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure

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41(b); and
2. The Clerk of Court is directed to close this case.
Dated: July 1, 2014

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DAD:4
pere1921.dsms.

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