Jones v. Merced Police Department et al

Filing 3

ORDER DISMISSING Action for Failure to Pay the Filing Fee or An Application to Proceed In Forma Pauperis, signed by District Judge Lawrence J. O'Neill on 1/23/14. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEONARD J. JONES,
Plaintiff,

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v.

Case No. 1:13-cv-01990-LJO-SKO
ORDER DISMISSING ACTION FOR
FAILURE TO PAY THE FILING FEE OR
AN APPLICATION TO PROCEED IN
FORMA PAUPERIS

MERCED POLICE DEPARTMENT, et al.,
Defendants.
_____________________________________/

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Plaintiff Leonard Jones ("Plaintiff") is a prisoner at a Merced County correctional facility

18 and on December 5, 2013, filed a civil rights action pursuant to Title 42 of the United States Code
19 section 1983. Plaintiff did not pay the $400.00 filing fee, nor did he submitted an application to
20 proceed in forma pauperis pursuant to Title 28 of the United States Code section 1915. On
21 December 10, 2013, the Court issued an order directing Plaintiff to pay the filing fee or submit an
22 application to proceed in forma pauperis within 30 days. (Doc. 2.)
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Plaintiff failed to file the fee or an application to proceed without prepayment of the fees.

24 As such, this action will be dismissed without prejudice. Plaintiff may file a new action, but he
25 must include a filing fee or an in forma pauperis application with the new civil rights complaint to
26 commence a new action. Plaintiff may not file an in forma pauperis application or pay the filing
27 fee in this action as it is now dismissed.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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This action is DISMISSED without prejudice for failure to pay the filing fee or
submit a completed in forma pauperis application; and

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The Clerk of Court is DIRECTED to administratively close this case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 23, 2014

UNITED STATES DISTRICT JUDGE
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