IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 20, 2009
EZEKIEL M. MOTEN, PETITIONER,
T. FELKER, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
By order filed December 1, 2008, petitioner was ordered to show cause, within thirty days, why respondent's August 28, 2008, motion to dismiss on the basis that the statute of limitations barred the action should not be granted.*fn1 The thirty day period has now expired, and petitioner has not shown cause or otherwise responded to the court's order.
IT IS HEREBY ORDERED this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b).