Carroll v. Virga et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/2011 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Yin, K)

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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 TREMAYNE D. CARROLL, 11 12 13 Plaintiff, No. 2:11-cv-2611 KJN P vs. WARDEN TIM VIRGA, et al., 14 Defendant. 15 ORDER / 16 By order filed October 11, 2011, plaintiff was granted thirty days in which to file a 17 civil rights complaint, and an application to proceed in forma pauperis or the court’s filing fee. 18 Plaintiff was cautioned that failure to comply with the October 11, 2011 order would result in the 19 dismissal of this action. On October 12, 2011, plaintiff consented to proceed before the 20 undersigned for all purposes. See 28 U.S.C. § 636(c). The thirty day period has now expired, 21 and plaintiff has not filed a civil rights complaint or otherwise responded to the court’s order. 22 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without 23 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 DATED: November 22, 2011 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 25 26 carr2611.fta

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