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Anderson v. Marshall

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 19, 2009

MR. RICKARD DENNIS ANDERSON, PLAINTIFF,
v.
FIRE MARSHALL, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his original complaint on November 10, 2008. On November 18, 2008, plaintiff filed a signed consent to have a United States Magistrate Judge conduct all proceedings in this case. See 28 U.S.C. 636(c). No other parties have appeared in the action nor, for the reasons set forth in this order, will the court order service of process on any defendant.

By an order filed January 14, 2009, plaintiff was ordered to file within thirty days a complete in forma pauperis application together with a certified copy of plaintiff's prison trust account statement for the thirty day period immediately preceding the filing of the complaint and was cautioned that failure to do so would result in a recommendation that this action be dismissed without prejudice.*fn1 The thirty day period has now expired, and plaintiff has not responded to the court's order and has not filed the complete in forma pauperis application or the trust account statement.

Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Fed. R. Civ. P. 41(b); see also Local Rule 11-110.


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