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Fairwell v. Cates

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


November 16, 2010

ROY FAIRWELL, PLAINTIFF,
v.
M. CATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se. He seeks relief pursuant to 42 U.S.C. § 1983. On August 2, 2010, plaintiff's complaint was dismissed with leave to amend. On September 3, 2010, and October 6, 2010, plaintiff's requests for an extension to file an amended complaint were granted.

On October 28, 2010, plaintiff filed a motion to stay or to dismiss this case without prejudice. The court notes that no appearance has been made by any defendant. Pursuant to Fed. R. Civ. P. 41(a), the action is dismissed.

Accordingly, the Clerk of Court shall close this case.

20101116

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