Colbert v. Mule Creek State Prison

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/16/2015 DISMISSING this action without prejudice. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DALE COLBERT,

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Plaintiff,

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No. 2:14-cv-2319-EFB P

v.

ORDER

MULE CREEK STATE PRISON, Warden,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).
On October 20, 2014, the court found that plaintiff did not submit a certified copy of his

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trust account statement with his application to proceed in forma pauperis. Accordingly, the court

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ordered plaintiff to file a completed in forma pauperis application together with the required

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certified copy of his prison trust account statement. The order gave plaintiff 30 days to file the

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required application and warned him that failure to do so may result in this action being

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dismissed. By an order filed on December 2, 2014, see ECF No. 7, plaintiff was granted an

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additional thirty days within which to comply with the October 20, 2014 order.

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The 30-day period has expired and plaintiff has not filed a completed in forma pauperis
affidavit or otherwise responded to the court’s order.
Accordingly, this action is dismissed without prejudice.
Dated: January 16, 2015.

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