Cunningham v. Johnson

Filing 8

ORDER DISMISSING ACTION. This action is DISMISSED WITHOUT PRJEUDICE for failure to prosecute, pursuant to Fed.R.Civ.P. 41(b). Case closed. Signed by Judge Salvador Mendoza, Jr. (CV, Case Administrator)

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1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Jan 17, 2017 4 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 5 6 AARON JOSEPH CUNNINGHAM, NO: 2:16-CV-0346-SMJ 7 Plaintiff, ORDER DISMISSING ACTION 8 v. 9 DR. JOHNSON, 10 Defendant. 11 12 By Order filed December 16, 2016, the Court directed Plaintiff to submit a 13 new application to proceed in forma pauperis, as required by 28 U.S.C. ยง 14 1915(a)(1), or to pay the $400 fee ($350 filing fee and $50 administrative fee) to 15 commence this action. ECF No. 7. Plaintiff did not comply with this directive and 16 has filed nothing further. 17 The Court must assume that Plaintiff has chosen to abandon this litigation. 18 Therefore, IT IS ORDERED this action is DISMISSED WITHOUT 19 PRJEUDICE for failure to prosecute, pursuant to Fed.R.Civ.P. 41(b). 20 ORDER DISMISSING ACTION -- 1 1 IT IS SO ORDERED. The District Court Executive is directed to enter this 2 Order, enter judgment, forward a copy to Plaintiff at the Spokane Valley address 3 provided, and close the file. 4 DATED this 17th day of January 2017. 5 6 __________________________ SALVADOR MENDOZA, JR. United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER DISMISSING ACTION -- 2

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