Arzaga v. Lovett

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/9/11 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL JESUS ARZAGA, Plaintiff, 11 12 vs. 13 No. CIV S-11-2068 EFB P LOVETT, Defendant. 14 ORDER / 15 16 Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. 17 He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). This proceeding was 18 referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the 19 undersigned pursuant to plaintiff’s consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, 20 Appx. A, at (k)(4). 21 On August 23, 2011, the court found that plaintiff did not submit a certified copy of his 22 trust account statement with his application to proceed in forma pauperis. Accordingly, the 23 court ordered plaintiff to file a completed in forma pauperis application together with the 24 required certified copy of his prison trust account statement. The order gave plaintiff 30 days to 25 file the required application and warned him that failure to do so may result in this action being 26 dismissed. 1 1 2 3 4 The 30-day period has expired and plaintiff has not filed a completed in forma pauperis affidavit, his trust account statement or otherwise responded to the court’s order. Accordingly, this action is dismissed without prejudice. Dated: November 9, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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