Mefford v. Baughman

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/12/2017 ORDERING this case be closed. CASE CLOSED. (Henshaw, R)

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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 BRANDON LEIGH MEFFORD, 12 Plaintiff, 13 14 No. 2:17-cv-1573-EFB P v. ORDER DAVID BAUGHMAN, 15 Defendant. 16 Brandon Mefford is a state prisoner proceeding without counsel. This action was opened 17 18 when he submitted to the court a filing entitled “Order to Show Cause for [A] Preliminary 19 Injunction.” ECF No. 1. On August 2, 2017, the court informed him that to properly commence 20 a civil action, he needed to file a complaint and either pay the filing fee or request leave to 21 proceed in forma pauperis. ECF No. 3. The court also warned that his failure to properly 22 commence an action within thirty days could result in this case being closed. Id. Those thirty 23 days have passed and he has not filed a complaint or otherwise responded to the court’s order.1 24 Without a complaint, there is simply no case before the court. See Fed. R. Civ. P. 3. 25 ///// 26 ///// 27 1 28 He did, however, file the form indicating his consent to the jurisdiction of a United States Magistrate Judge. ECF No. 4. 1 2 Accordingly, it hereby is ORDERED that this case be closed. DATED: September 12, 2017. 3 4 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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