Espinoza v. Youngblood

Filing 5

ORDER Dismissing Action Without Prejudice, signed by Magistrate Judge Dennis L. Beck on 2/11/13. CASE CLOSED. (Verduzco, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

JAMES SANTIAGO ESPINOZA,

11

Plaintiff,

12
13

Case No. 1:12-cv-01520-DLB PC
ORDER DISMISSING ACTION WITHOUT
PREJUDICE

v.
DONNY YOUNGBLOOD,

14

Defendant.

15
Plaintiff James Santiago Espinoza is a prisoner proceeding pro se, filed this civil action on

16
17

September 14, 2012. Plaintiff did not pay the $350.00 filing fee in full or file an application to

18

proceed in forma pauperis, and on October 30, 2012, the Court ordered Plaintiff to do so 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 failure to obey the order would

21

result in dismissal of the action.

22

A civil action may not proceed absent the submission of either the filing fee or an application

23

to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted neither and

24

has not responded to 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 an application to proceed in forma pauperis.

3
4
5

IT IS SO ORDERED.

6

Dated:

/s/ Dennis

February 11, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

7

DEAC_Signature-END:

8

3b142a

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