McClellan v. Heard et al

Filing 8

ORDER DISMISSING ACTION, without prejudce for failure to pay $350.00 filing fee; ORDERED for Clerk to Close Case, signed by Judge Oliver W. Wanger on 10/18/2010. CASE CLOSED(Martin, S)

(PC) McClellan v. Heard et al

Doc. 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Plaintiff, Gregory McClellan ("Plaintiff"), is a prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 16, 2010, together with a motion to proceed in forma pauperis. (Docs. 1, 2.) On August 27, 2010, pursuant to 28 U.S.C. § 1915(g), the court denied Plaintiff's motion to proceed in forma pauperis and ordered Plaintiff to pay the $350.00 filing fee in full within thirty days. (Doc. 7.) The thirty day time period has expired, and Plaintiff has not paid the filing fee or otherwise responded to the court's order. Plaintiff was forewarned in the court's order that if he failed to pay the filing fee within thirty days, this action would be dismissed. Accordingly, IT IS HEREBY ORDERED that: 1. This action is DISMISSED, without prejudice, based on Plaintiff's failure to comply with the court's order to pay the $350.00 filing fee; and The Clerk of Court is directed to CLOSE this case. vs. PAT HEARD, et al., Defendants. / GREGORY McCLELLAN, Plaintiff, 1:10-cv-01470-OWW-GSA-PC ORDER DISMISSING ACTION, WITHOUT PREJUDICE, FOR FAILURE TO PAY FILING FEE ORDER FOR CLERK TO CLOSE CASE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED. Dated: October 18, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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