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R. Gaines v. James D. Hartley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 26, 2012

R. GAINES,
PLAINTIFF,
v.
JAMES D. HARTLEY, ET AL., DEFENDANTS.

ORDER DISMISSING ACTION, WITHOUT PREJUDICE, FOR FAILURE TO COMPLY WITH A COURT ORDER

Plaintiff R. Gaines is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On May 3, 2012, the complaint and motion to proceed informa pauperis were filed and new case documents were mailed to Plaintiff. *fn1 The Court was unable to find any inmate with the California Department of Corrections and Rehabilitation ("CDCR") number provided by Plaintiff in the CDCR Inmate Locator System, nor did the system show any inmate by this name housed at Avenal State Prison. Because the Court was unable to determine if Plaintiff was entitled to proceed in forma pauperis in this action, an order issued on May 4, 2012, requiring Plaintiff to provide his full name and correct CDCR number to the Court. Plaintiff was advised that failure to comply with the order would result in this action being dismissed, without prejudice, for failure to obey a court order. More than fifteen days has passed and Plaintiff has failed to comply or otherwise respond to the Court's order.

Local Rule 110 provides that "[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for the imposition by the Court of any and all sanctions . . . within the inherent power of the Court." Accordingly, this action is dismissed, without prejudice, for failure to comply with a court order, and all pending motions are terminated.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE


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