Gregory C. Bontemps v. K. Penate

Filing 24

ORDER OF DISMISSAL by Judge John F. Walter. More than 30 days have now passed, and plaintiff has not paid any of the full filing fee owed, that is, $350.00. IT IS THEREFORE ORDERED that this case is DISMISSED. No further filings shall be accepted under this case number. (See document for further details.) (Case Terminated. Made JS-6. ) (iva)

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,

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Plaintiff,
v.

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K. PENATE,
Defendant.

) Case No. CV 15-6648-JFW (SP)
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ORDER OF DISMISSAL
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On August 19, 2015, plaintiff Gregory C. Bontemps initiated this action by

18 filing a civil rights complaint in the United States District Court for the Eastern
19 District of California. The case was subsequently transferred to this Court.
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Plaintiff did not pay the $350 filing fee, nor did he initially submit a request

21 to proceed without prepayment of the full filing fee or in forma pauperis (“IFP”).
22 The case was therefore dismissed in September 2015.
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After plaintiff provided an IFP application in an appeal to the Ninth Circuit

24 Court of Appeals, on December 15, 2015 this Court granted plaintiff’s IFP
25 application on limited remand from the Ninth Circuit. Given this, the Ninth Circuit
26 dismissed plaintiff’s appeal and issued the mandate in March 2016. This Court
27 then rescinded its order of dismissal and reopened the case on April 25, 2016.
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The Court subsequently determined that plaintiff has at least three other

1 “strikes,” which prevent plaintiff from proceeding IFP under the “three strikes”
2 provision of the Prison Litigation Reform Act (“PLRA”). Consequently, on
3 November 18, 2016, the Court revoked the order granting plaintiff’s IFP request.
4 The Court further ordered that plaintiff shall pay the $350 filing fee in full within
5 30 days or this case will be dismissed.
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More than 30 days have now passed, and plaintiff has not paid any of the

7 full filing fee owed, that is, $350.00.
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IT IS THEREFORE ORDERED that this case is DISMISSED. No further

9 filings shall be accepted under this case number.
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12 DATED: December 29, 2016
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___________________________________

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HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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Presented by:
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SHERI PYM
UNITED STATES MAGISTRATE JUDGE

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