Diaz v. Sherman et al

Filing 54

ORDER Directing Plaintiff to Pay Filing Fee Within Twenty-One (21) Days signed by District Judge Dale A. Drozd on 5/24/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL ENRIQUE DIAZ,

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Plaintiff,

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No. 1:13-cv-01627-DAD-MJS

v.
STU SHERMAN et al.,

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Defendants.

ORDER DIRECTING PLAINTIFF TO PAY
FILING FEE WITHIN TWENTY-ONE (21)
DAYS
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to

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42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 5, 2016, this court adopted the assigned magistrate judge’s findings and

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recommendations recommending that defendants’ motion to revoke plaintiff’s in forma pauperis

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status pursuant to the three strikes provision of 28 U.S.C. § 1915(g) be granted, and further

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directed plaintiff to pay the filing fee in full within twenty-one days of the date of the court’s

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order. (Doc. No. 46.) On August 17, 2016, plaintiff filed an interlocutory appeal of the court’s

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order. (Doc. Nos. 47–48.) On May 22, 2017, the Ninth Circuit dismissed plaintiff’s appeal due

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to his failure to prosecute. (Doc. No. 53.)

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Accordingly, plaintiff is directed to pay the required $400 filing fee in full within twenty-

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one days of the date of service of this order. Failure to do so will result in the dismissal of his

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action.

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IT IS SO ORDERED.

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Dated:

May 24, 2017
UNITED STATES DISTRICT JUDGE

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