Owens v. Trimble et al

Filing 22

ORDER DISMISSING Action for Plaintiff's Failure to Pay Filing Fee, signed by District Judge Lawrence J. O'Neill on 7/30/2013. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FREDRICK OWENS, JR.,
Plaintiff,

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v.
R.H. TRIMBLE, et al.,
Defendants.

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Case No. 1:11-cv-01540-LJO-MJS (PC)
ORDER DISMISSING ACTION FOR
PLAINTIFF’S FAILURE TO PAY FILING
FEE
(ECF No. 20)
CLERK TO CLOSE CASE

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Plaintiff Fredrick Owens, Jr. is a state prisoner proceeding pro se in this civil rights
action filed on September 13, 2011 pursuant to 42 U.S.C § 1983. (ECF Nos. 1, 4.)
This matter arose during Plaintiff’s incarceration at Pleasant Valley State Prison

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(“PVSP”). It proceeds on his First Amended Complaint charging Defendants Trimble, PVSP

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Warden, and Igbinosa, California Department of Corrections and Rehabilitation Medical

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Director with having subjected Plaintiff to inhumane conditions of confinement, namely

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exposing Plaintiff to Valley Fever infection. (ECF No. 11.) Valley Fever, also known as

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coccidioidomycosis, is a serious infectious disease contracted by inhalation of an airborne

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fungus.

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Defendants sought, and the Court granted, revocation of Plaintiff’s in forma pauperis

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status pursuant to 28 U.S.C. § 1915(g). Plaintiff was barred from proceeding in forma

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pauperis because he had three prior actions dismissed on the grounds that they were
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frivolous, malicious, or failed to state a claim upon which relief could be granted. The facts

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alleged in this case failed to satisfy the exception set out in § 1915(g).
On May 30, 2013, the Magistrate Judge recommended that Plaintiff’s in forma

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pauperis status be revoked pursuant to 28 U.S.C. § 1915(g), and Plaintiff be directed to

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submit the filing fee for this action. (ECF No. 19.) On July 3, 2013, the District Court

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adopted the findings and recommendations, and ordered Plaintiff to submit the $400.00

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filing fee, in full, within fourteen days. (ECF No. 20.) Plaintiff was specifically cautioned that

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his failure to do so would result in dismissal of this action. (Id.) Local Rule 110. The

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fourteen day period has passed, and Plaintiff has not submitted the filing fee.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed, without

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prejudice, pursuant to Local Rule 110 for Plaintiff’s failure to prosecute. The Clerk is

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directed to close this case.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

July 30, 2013

UNITED STATES DISTRICT JUDGE
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DEAC _Signature- END:

b9ed48bb

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