Haley v. Raugh

Filing 7

ORDER DISMISSING ACTION Without Prejudice for Failure to Pay Filing Fee or File Application to Proceed In Forma Pauperis signed by District Judge Lawrence J. O'Neill on 2/25/2014. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONOVAN L. HALEY,
Plaintiff,

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(Doc. 4)

v.

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ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY
FILING FEE OR FILE APPLICATION TO
PROCEED IN FORMA PAUPERIS

Defendant.

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RAUGH,

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Case No. 1:13-cv-02082-LJO-JLT (PC)

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Plaintiff, Donovan L. Haley, a state prisoner proceeding pro se, filed this civil rights action

18 on . On December 30, 2013, the Court issued an order requiring Plaintiff to either pay the $400.00
19 filing fee in full or file an application to proceed in forma pauperis on the proper form (which was
20 provided with the order) within forty-five days. More than forty-five days have passed and
21 Plaintiff has not complied with or otherwise responded to the Court’s order. Plaintiff was warned
22 that dismissal would occur if he failed to obey the order.
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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.
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Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

February 25, 2014

UNITED STATES DISTRICT JUDGE
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