Adams v. Dept Of Corrections et al

Filing 50

ORDER DISMISSING Action Without Prejudice for Failure to Pay Filing Fee 45 ; ORDER for Clerk to Close Case, signed by Chief Judge Anthony W. Ishii on 3/10/12. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD ADAMS,

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Plaintiff,

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1:07-cv-00791-AWI-GSA-PC
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE PAY FILING FEE
(Doc. 45.)

v.
JAMES TILTON, et al.,

ORDER FOR CLERK TO CLOSE CASE

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Defendants.
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Ronald Adams (“Plaintiff”), proceeding pro se, filed this civil rights action on April 24, 2007.

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(Doc. 1.) On September 29, 2011, the Court issued an order revoking Plaintiff’s in forma pauperis

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status pursuant to 28 U.S.C. § 1915(g) and requiring Plaintiff to pay the $350.00 filing fee in full

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within thirty days. (Doc. 45.) On December 15, 2011, upon Plaintiff’s request, the Court granted

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Plaintiff a sixty-day extension of time to pay the filing fee. (Docs. 47, 48.) The sixty-day deadline

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has passed, and Plaintiff has not complied with or otherwise responded to the Court’s order. Plaintiff

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was warned that dismissal would occur if he failed to obey the order.

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A civil action may not proceed absent the submission of either the filing fee or an application

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to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff is not eligible to proceed

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in forma pauperis, has not paid the filing fee, and has not complied with the Court’s order to do so,

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dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) Products Liability

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Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110.

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Accordingly, the Court HEREBY ORDERS that:

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This action is DISMISSED, without prejudice, for failure to pay the filing fee; and

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The Clerk of the Court is directed to CLOSE this case.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 10, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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