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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY McCLELLAN,

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Plaintiff,

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v.
KERN COUNTY SHERIFF’S OFFICE,
et al.,
Defendants.

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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

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought
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pursuant to 42 U.S.C. § 1983.
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On January 15, 2016, the Magistrate Judge assigned to this case denied
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Plaintiff’s request for leave to proceed in form pauperis. (ECF No. 141.) Plaintiff

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appealed. (ECF No. 144.) On August 15, 2017, the Ninth Circuit Court of Appeals
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affirmed the Magistrate Judge’s decision. (ECF No. 154.) On September 11, 2017, the

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undersigned ordered Plaintiff to pay the filing fee in full within fourteen days. (ECF No.
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156.) Plaintiff was warned that failure to comply would result in dismissal of the action.
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(Id.)
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Plaintiff sought a sixty-day extension of time to pay the fee. (ECF No. 157.) The
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Magistrate Judge denied the request but extended the deadline to October 3, 2017.

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(ECF No. 158.) The deadline passed and Plaintiff did not submit the filing fee. Instead,

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on September 29, 2017, Plaintiff filed a motion for the appointment of counsel. (ECF No.

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159.) Therein, he asks, “What is the filing fee?”

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The Court acknowledges that the most recent order requiring Plaintiff to pay the

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filing fee did not inform Plaintiff of the amount of the fee. (ECF No. 156) However,

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Plaintiff previously was informed that the filing fee in this action is $400. (ECF No. 141.)

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Furthermore, Plaintiff is not incarcerated. Information regarding the filing fee is publicly

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available. Plaintiff could have timely informed himself of the amount of the fee, and

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provides no reason he did not do so.

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Accordingly, this action is HEREBY DISMISSED, without prejudice, pursuant to

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Local Rule 110 for Plaintiff’s failure to pay the filling fee. The Clerk is directed to

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terminate all pending motions and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

October 4, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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