Pierce v. Placer County Jail et al

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 2/26/16 ORDERING that this action be dismissed without prejudice. CASE CLOSED. (Dillon, 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 DAVID JONATHAN PIERCE, 12 Plaintiff, 13 14 No. 2:15-cv-2115 AC P v. ORDER PLACER COUNTY JAIL, et al., 15 Defendants. 16 Plaintiff is a former county prisoner proceeding pro se with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned magistrate 19 judge for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). ECF No. 4. 20 By order filed November 20, 2015, plaintiff was ordered to file a non-prisoner application 21 to proceed in forma pauperis or pay the appropriate filing fees within thirty days. ECF No. 6. He 22 was cautioned that failure to comply with the order would result in dismissal of this action 23 without prejudice. Id. The thirty day period passed without any response from plaintiff and 24 plaintiff was given an additional twenty-one days to submit a non-prisoner application for to 25 proceed in forma pauperis or to pay the filing fee. ECF No. 7. He was again warned that failure 26 to comply would result in dismissal. Id. The twenty-one day period has passed and plaintiff has 27 //// 28 //// 1 1 once again failed to file a non-prisoner in forma pauperis affidavit, pay the appropriate filing fee, 2 or otherwise respond to the court’s order. 3 4 Accordingly, IT IS HEREBY ORDERED that this action be dismissed without prejudice. DATED: February 26, 2016 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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