Woods v. Adams et al

Filing 28

ORDER for Plaintiff to Pay $400.00 Filing Fee in Full Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 10/31/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EARNEST CASSELL WOODS II, Plaintiff, 12 13 14 15 v. 1:13-cv-00621-DAD-GSA-PC ORDER FOR PLAINTIFF TO PAY $400.00 FILING FEE IN FULL WITHIN THIRTY DAYS DARRELL ADAMS, et al., Defendants. 16 17 18 19 Earnest Cassell Woods II (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action under 42 U.S.C. § 1983. Plaintiff filed the Complaint 21 commencing this action on April 29, 2013. (ECF No. 1.) 22 On June 30, 2014, the court issued an order revoking Plaintiff’s in forma pauperis status 23 under 28 U.S.C. § 1915(g), vacating the order granting Plaintiff’s application to proceed in 24 forma pauperis, and requiring Plaintiff to pay the $400.00 filing fee for this case in full within 25 thirty days. (ECF No. 17.) On July 11, 2014, Plaintiff appealed the court’s order to the Ninth 26 Circuit Court of Appeals. (ECF No. 18.) On October 6, 2017, the Ninth Circuit issued an 27 order affirming the court’s decision, and on October 30, 2017, the Ninth Circuit issued the 28 mandate. (ECF Nos. 26, 27.) 1 1 Accordingly, Plaintiff is now required to pay the $400.00 filing fee for this case in full, 2 pursuant to the court’s order of June 30, 2014, within thirty days of the date of service of this 3 order, or this case will be dismissed. 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. 6 7 Within thirty days of the date of service of this order, Plaintiff is required to pay the $400.00 filing fee for this case in full; and 2. 8 Plaintiff’s failure to comply with this order shall result in the dismissal of this case. 9 10 11 12 IT IS SO ORDERED. Dated: October 31, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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