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Deon Carroll v. Tim Virga

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


October 23, 2012

DEON CARROLL, PLAINTIFF,
v.
TIM VIRGA, ET AL., DEFENDANTS.

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

ORDER

On May 30, 2012, plaintiff was ordered to file, within thirty days, an in forma pauperis affidavit on the form used by this district, and to submit a certified copy of his prison trust account statement for the sixth month period immediately preceding the filing of the complaint, and was cautioned that failure to do so would result in a recommendation that this action be dismissed. On June 25, 2012, plaintiff consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c).

On July 20, 2012, plaintiff was granted an additional thirty days in which to comply with the May 30, 2012 order, and was again cautioned that failure to comply may result in the dismissal of this action. On September 14, 2012, plaintiff was granted an additional thirty days in which to comply with the order. Thirty days from the September 14, 2012 order have now passed, and plaintiff has not responded to the court's order, and has not filed an in forma pauperis affidavit or certified trust account statement, or otherwise responded to the court's order.

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

20121023

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