Petillo v. Federal Bureau of Investigations

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 03/31/17 ordering that this action 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 DENNIS PETILLO, Jr., 12 Plaintiff, 13 14 15 No. 2:16-cv-2978 DB P v. ORDER FEDERAL BUREAU OF INVESTIGATIONS, Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 19 U.S.C. § 1983. Plaintiff filed his complaint on December 21, 2016, together with an application 20 to proceed in forma pauperis. Plaintiff did not, however, file the application for leave to proceed 21 in forma pauperis on the form used by this district. On December 27, 2016, plaintiff filed a copy 22 of his prisoner trust fund account statement. Plaintiff has consented to the jurisdiction of a 23 magistrate judge. By order filed January 4, 2017, plaintiff was advised that he must file the application to 24 25 proceed in forma pauperis on the form used by this district. (ECF No. 6.) With that order, 26 plaintiff was provided a copy of this district’s form. Plaintiff was given thirty days to file the 27 form and was advised that, if he failed to do so, this case may be dismissed. 28 //// 1 1 Again, by an order filed February 15, 2017, plaintiff was ordered to file an application to 2 proceed in forma pauperis on the form used by this district. Plaintiff was advised that it was his 3 final opportunity to do so and that failing to file the application within thirty days would result in 4 dismissal of this action. The thirty day period has now expired, and plaintiff has not responded to 5 the court’s order and has not filed the required document. 6 In accordance with the above, IT IS HEREBY ORDERED that this action is dismissed 7 without prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. R. 110. 8 Dated: March 31, 2017 9 10 11 12 13 14 15 DLB:9 DLB1/prisoner-civil rights/peti2978.fifp2 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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