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Head v. Sacramento County Jail

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


October 8, 2009

CHARLES HEAD, PLAINTIFF,
v.
SACRAMENTO COUNTY JAIL, DEFENDANTS.

ORDER

Plaintiff is a pretrial detainee, currently housed in the Sacramento County Jail, attempting to bring an action pursuant to 42 U.S.C. § 1983 without counsel. On August 11, 2009, the court found that plaintiff had failed to submit the required filing fee under 28 U.S.C. § 1914(a) or the application to proceed without prepayment of fees and costs under 28 U.S.C. § 1915(a). The court further found that, although plaintiff had filed a motion for temporary restraining order, he had not filed a complaint as required by Federal Rule of Civil Procedure 3. The court granted plaintiff thirty days to file a complaint and either an application to proceed in forma pauperis ("IFP") or the requisite filing fee.

The thirty-day period has passed and plaintiff has not filed a complaint, the required filing fee or IFP application or otherwise responded to the court's order. Accordingly, this action is dismissed without prejudice. See 28 U.S.C. § 1914(a), 1915(a); Fed. R. Civ. P. 3, 41(b); Local Rule 11-110.

IT IS SO ORDERED.

20091008

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