Tubach v. Vasudeva et al

Filing 7

ORDER DISMISSING 1 Action without Prejudice for Failure to either Pay Filing Fee in Full or File Application to Proceed In Forma Pauperis signed by Chief Judge Anthony W. Ishii on 10/11/2010. CASE CLOSED. (Sant Agata, S)

(PC) Tubach v. Vasudeva et al

Doc. 7

1 2 3 4 5 6 ISABEL TUBACH, 7 Plaintiff, 8 v. 9 A. VASUDEVA, et al., 10 Defendants. 11 12 Plaintiff Isabel Tubach, a prisoner proceeding pro se, filed this civil rights action on July 26, 13 2010. (ECF No. 1.) On August 2, 2010, the Court found that Plaintiff was not entitled to proceed 14 in forma pauperis pursuant to 28 U.S.C. § 1915(g) and ordered Plaintiff to pay the $350.00 filing fee 15 in full within thirty days. More than thirty days have passed and Plaintiff has not complied with the 16 Court's order by paying the full filing fee. Plaintiff was warned that dismissal would occur if she 17 failed to obey the order. (ECF No. 4.) 18 A civil action may not proceed absent the submission of either the filing fee or the grant of 19 in forma pauperis status. 28 U.S.C. §§ 1914, 1915. Because Plaintiff is not entitled to proceed in 20 forma pauperis and has not paid the filing fee, dismissal of this action is appropriate. In re 21 Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); 22 Local Rule 11-110. 23 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice 24 pursuant to Local Rule 11-110 for failure to pay the filing fee. 25 IT IS SO ORDERED. 26 27 28 Dated: 0m8i78 October 11, 2010 CHIEF UNITED STATES DISTRICT JUDGE / (ECF No. 4) ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO EITHER PAY FILING FEE IN FULL OR FILE APPLICATION TO PROCEED IN FORMA PAUPERIS CASE NO. 1:10-cv-1340-AWI-MJS (PC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

1
Dockets.Justia.com