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