IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 31, 2011
ROBERT MILLER, PLAINTIFF,
NATHANIEL ELAM, DEFENDANT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
By order filed April 21, 2011, plaintiff's complaint was dismissed based on plaintiff's failure to state a cognizable civil rights claim against defendant Elam, and plaintiff was granted thirty days leave to file an amended complaint or voluntarily dismiss this action. The thirty day period has now expired, and plaintiff has not filed an amended complaint, voluntary dismissal, or otherwise responded to the court's order. Plaintiff filed a consent to proceed before the undersigned on April 20, 2011 (Dkt. No. 5).
Accordingly, IT IS HEREBY ORDERED this action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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