IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 14, 2011
THOMAS ALFRED USHER, PLAINTIFF,
TIM VIRGA, DEFENDANT.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).
On January 5, 2011, the court found that plaintiff had failed to pay the filing fee required by 28 U.S.C. § 1914(a) or a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). The court further found that plaintiff had failed to file a complaint, which is necessary to commence a civil action under Fed. R. Civ. P. 3.
Accordingly, the court granted plaintiff thirty days in which to (1) pay the filing fee or request leave to proceed in forma pauperis and (2) to file a complaint. The order admonished plaintiff that failure to comply would result in dismissal.
The 30-day period has expired and plaintiff has not paid the filing fee, filed an application for leave to proceed in forma pauperis, a complaint or otherwise responded to the court's order.
Accordingly, this action is dismissed without prejudice.
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