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Alton E. Dean v. H. Braziel

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


May 26, 2011

ALTON E. DEAN, PLAINTIFF,
v.
H. BRAZIEL, ET AL., DEFENDANTS.

ORDER

Plaintiff is a confined in a county jail and proceeds without counsel in an action brought under 42 U.S.C. § 1983. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). 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 April 13, 2011, the court found that plaintiff did not pay the required filing fee or submit an application for leave to proceed in forma pauperis. Accordingly, the court ordered plaintiff to submit either the filing fee or the application required by § 1915(a) within thirty days. The order warned plaintiff that failure to do so may result in this action being dismissed.

The 30-day period has expired and plaintiff has not paid the filing fee, submitted an application to proceed in forma pauperis affidavit or otherwise responded to the court's order.*fn1

Accordingly, this action is dismissed without prejudice.


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