Osborne v. Potter et al
Filing
54
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/2011 ORDERING that this action is DISMISSED w/out prejduice. CASE CLOSED. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY J. OSBORNE,
Plaintiff,
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ORDER
vs.
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No. CIV S-10-0216 EFB P
Defendant.
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GARCIA,
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/
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28
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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.
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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2).
On April 7, 2011, the court ordered plaintiff, for the fourth time, to submit the USM-285
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form necessary to effect service on defendant Garcia within 30 days, and warned plaintiff that
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failure to do so would result in the case’s dismissal. Plaintiff did not do so, but asked for an
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extension of time to file an appeal. On April 21, 2011, the court warned plaintiff that he must
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still timely submit the service documents or his case would be dismissed. The thirty day period
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has passed, and plaintiff has not submitted the necessary service documents.
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Accordingly, it is hereby ORDERED that this action is dismissed without prejudice. See
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Fed. R. Civ. P. 41(b).
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DATED: June 3, 2011.
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