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Samuel Kenneth Porter v. Captain Jennings

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


December 9, 2010

SAMUEL KENNETH PORTER,
PLAINTIFF,
v.
CAPTAIN JENNINGS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

(Doc. 15)

ORDER DENYING MOTION FOR REPLY AND RECONSIDERATION

On October 6, 2010, Plaintiff filed a motion for "reply and reconsideration" in which he requested permission to refile his claims. (Doc. 15 at 1-3.) Plaintiff is advised that United States Magistrate Judge Gary S. Austin dismissed this action without prejudice and closed this case on September 10, 2010, due to Plaintiff's failure to pay the filing fee or to file an application to proceed in forma pauperis. (Docs. 10.) If Plaintiff wishes to refile his claims in a new case, he may do so. This case, however, is closed. Accordingly, any documents filed by Plaintiff in this case after September 10, 2010, will be disregarded. Plaintiff's motion for "reply and reconsideration" is therefore DENIED AS MOOT. No further orders will be issued in this case.

IT IS SO ORDERED.

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20101209

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