Logan v. Yates et al

Filing 9

ORDER DISMISSING Action Without Prejudice For Failure to Either Pay Filing Fee in Full or File Application to Proceed In Forma Pauperis 3 , signed by Judge Oliver W. Wanger on 5/24/2011. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

WESLEY C. LOGAN,

10

Plaintiff,

11
12

CASE NO. 1:11-cv-00373–OWW-SMS PC
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO EITHER PAY
FILING FEE IN FULL OR FILE
APPLICATION TO PROCEED IN FORMA
PAUPERIS

v.
JAMES A. YATES, et al.,

13

Defendants.

(ECF No. 3)
/

14
15

Plaintiff Wesley C. Logan, a prisoner proceeding pro se, filed this civil rights action on

16

March 3, 2011. Plaintiff did not file an application to proceed in forma pauperis or pay the filing fee.

17

On March 7, 2011, the Court issued an order requiring Plaintiff to either pay the $350.00 filing fee

18

in full or file an application to proceed in forma pauperis on the form provided with the order, within

19

forty-five days. More than forty-five days have passed and Plaintiff has not complied with or

20

otherwise responded to the Court’s order. Plaintiff was warned that dismissal would occur if he

21

failed to obey the order.

22

A civil action may not proceed absent the submission of either the filing fee or a completed

23

application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted

24

neither in compliance with the Court’s order to do so, dismissal of this action is appropriate. In re

25

Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);

26

Local Rule 110.

27

///

28

///
1

1
2

Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for
failure to pay the filing fee or file a completed application to proceed in forma pauperis.

3
4

IT IS SO ORDERED.

5

Dated:
May 24, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2