McClellan v. Kern County Sheriff's Office et al

Filing 160

ORDER DISMISSING Action for Plaintiff's Failure to Pay Filing Fee; Clerk to Terminate Motions and CLOSE CASE signed by Chief Judge Lawrence J. O'Neill on 10/4/2017. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY McCLELLAN, 12 Plaintiff, 13 14 15 v. KERN COUNTY SHERIFF’S OFFICE, et al., Defendants. 16 CASE NO. 1:10-cv-00386-LJO-MJS (PC) ORDER DISMISSING ACTION FOR PLAINTIFF’S FAILURE TO PAY FILING FEE (ECF No. 156, 158) CLERK TO TERMINATE MOTIONS AND CLOSE CASE 17 18 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought 19 pursuant to 42 U.S.C. § 1983. 20 On January 15, 2016, the Magistrate Judge assigned to this case denied 21 Plaintiff’s request for leave to proceed in form pauperis. (ECF No. 141.) Plaintiff 22 appealed. (ECF No. 144.) On August 15, 2017, the Ninth Circuit Court of Appeals 23 affirmed the Magistrate Judge’s decision. (ECF No. 154.) On September 11, 2017, the 24 undersigned ordered Plaintiff to pay the filing fee in full within fourteen days. (ECF No. 25 156.) Plaintiff was warned that failure to comply would result in dismissal of the action. 26 (Id.) 27 Plaintiff sought a sixty-day extension of time to pay the fee. (ECF No. 157.) The 28 1 Magistrate Judge denied the request but extended the deadline to October 3, 2017. 2 (ECF No. 158.) The deadline passed and Plaintiff did not submit the filing fee. Instead, 3 on September 29, 2017, Plaintiff filed a motion for the appointment of counsel. (ECF No. 4 159.) Therein, he asks, “What is the filing fee?” 5 The Court acknowledges that the most recent order requiring Plaintiff to pay the 6 filing fee did not inform Plaintiff of the amount of the fee. (ECF No. 156) However, 7 Plaintiff previously was informed that the filing fee in this action is $400. (ECF No. 141.) 8 Furthermore, Plaintiff is not incarcerated. Information regarding the filing fee is publicly 9 available. Plaintiff could have timely informed himself of the amount of the fee, and 10 provides no reason he did not do so. 11 Accordingly, this action is HEREBY DISMISSED, without prejudice, pursuant to 12 Local Rule 110 for Plaintiff’s failure to pay the filling fee. The Clerk is directed to 13 terminate all pending motions and close this case. 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 4, 2017 UNITED STATES CHIEF DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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