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Michael Lynn Waters v. T. Virga

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


December 20, 2012

MICHAEL LYNN WATERS, PLAINTIFF,
v.
T. VIRGA, ET AL., DEFENDANTS.

ORDER

Plaintiff is a prisoner confined to California State Prison, Sacramento. 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 November 20, 2012, the court issued an order informing plaintiff he had failed to properly commence this action with a complaint, see Fed. R. Civ. P. 3, and that he had failed to pay the filing fee or seek leave to proceed in forma pauperis, see 28 U.S.C. §§ 1914(a), 1915(a).

Dckt. No. 3. The court directed plaintiff to, within 30 days, pay the $350 filing fee or submit a complete application for leave to proceed in forma pauperis, and file a complaint. Id. The 30-day period set in the November 20, 2012 order has expired and plaintiff has not paid the required filing fee, sought leave to proceed in forma pauperis, or filed a complaint. On November 29, 2012, plaintiff filed an "emergency motion" for a preliminary injunction, which is not responsive to the court's order.

Accordingly, it hereby is ORDERED that this action be dismissed without prejudice.

20121220

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