Cranford v. Perryman et al

Filing 5

ORDER DISMISSING Action Without Prejudice for Failure to Pay Filing Fee or File Application to Proceed in Forma Pauperis 3 , signed by Magistrate Judge Sheila K. Oberto on 8/13/13. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ARCHIE CRANFORD, 11 Plaintiff, v. 12 13 SAMANTHA PERRYMAN, et al., Defendants. 14 15 Case No. 1:13-cv-00854-SKO PC ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE OR FILE APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. 3) _____________________________________/ 16 17 Plaintiff Archie Cranford, a civil detainee proceeding pro se, filed this civil rights action on 18 June 5, 2013. On June 6, 2013, the Court issued an order requiring Plaintiff to either pay the 19 $350.00 filing fee in full or file an application to proceed in forma pauperis on the form provided 20 with the order, within forty-five days. More than forty-five days have passed and Plaintiff has not 21 complied with or otherwise responded to the Court’s order. Plaintiff was warned that dismissal 22 would occur if he failed to obey the order. 23 A civil action may not proceed absent the submission of either the filing fee or a completed 24 application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on Plaintiff’s failure to 25 comply with the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine 26 (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110. 27 /// 28 /// 1 Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for 2 failure to pay the filing fee or file a completed application to proceed in forma pauperis. 3 4 5 6 IT IS SO ORDERED. Dated: August 13, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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