IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 22, 2013
BENNY HERNANDEZ, PLAINTIFF,
MIKE MCDONALD, DEFENDANT.
The opinion of the court was delivered by: Allison Claire United States Magistrate Judge
Plaintiff is a state prisoner proceeding pro se and in forma pauperis who seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned. ECF No. 5.
By order filed February 12, 2013, this court ordered plaintiff to complete and return to the court, within twenty-eight days, the USM-285 forms necessary to effect service on defendant. ECF No. 11. A review of the docket reflects that the order was served on plaintiff on February 12, 2013, and, to date, has not been returned.
More than twenty-eight days have passed since the court entered is February 12, 2013 order, and plaintiff has not complied or otherwise responded in any way.
IT IS HEREBY ORDERED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
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