Staten v. Gipson et al

Filing 15

ORDER DISMISSING Action for Plaintiff's Failure to Pay Filing Fee; Clerk ot Close Case, signed by District Judge Lawrence J. O'Neill on 11/17/14. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DWIGHT A. STATEN,

Case No. 1:14-cv-00718-LJO-MJS (PC)

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Plaintiff,
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v.

ORDER DISMISSING ACTION FOR
PLAINTIFF’S FAILURE TO PAY FILING
FEE
(ECF No. 14)

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GIPSON, et al.,
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CLERK TO CLOSE CASE

Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action filed May 12,
2014 pursuant to 42 U.S.C. § 1983.

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On June 30, 2014, the Magistrate Judge issued findings and recommendations

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(ECF No. 6) that Plaintiff’s in forma pauperis application should be denied because he

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accrued three or more strikes and was not under imminent danger of serious physical harm

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at the time the action was initiated, 28 U.S.C. § 1915(g), and that Plaintiff should be

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provided with the opportunity to pay the filing fee in full.

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On October 20, 2014, the undersigned adopted the findings and recommendations,

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and ordered Plaintiff to submit the $400 filing fee, in full, within twenty-one days. (ECF No.

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14). Plaintiff was specifically cautioned that his failure to do so would result in dismissal of
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this action. (Id.) Local Rule 110. The twenty-one day period has passed, and Plaintiff has

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not submitted the filing fee.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed, without

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prejudice, pursuant to Local Rule 110 for Plaintiff’s failure to prosecute. The Clerk is

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directed to terminate all pending motions and close this case.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

November 17, 2014

UNITED STATES DISTRICT JUDGE
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