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Sean C. Mark v. Martinez

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


March 8, 2011

SEAN C. MARK, PLAINTIFF,
v.
MARTINEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a former state prisoner who initiated the instant civil rights action. Plaintiff has consented to the jurisdiction of the undersigned magistrate judge for all purposes. (Dkt. No. 4.) See 28 U.S.C. § 636(c); Local Rule 305(a). By order filed December 10, 2010 (Dkt. No. 7), this court granted plaintiff's application to proceed in forma pauperis but dismissed plaintiff's complaint for failure to state a potentially cognizable claim. The court accorded plaintiff thirty days within which to file an amended complaint, and informed him that failure to timely comply with the court's order may result in the dismissal of this action.

More than thirty days have passed, and plaintiff has not communicated with the court by any means. The court construes plaintiff's inaction as abandonment of this case.

Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. Fed. R. Civ. P. 41(b).

mark3583.disms.

20110308

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