Smith v. Doe

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 9/25/2014. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLEVELAND JAMES SMITH, JR.,

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Plaintiff,
v.

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

DOE,

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Case No. 1:14-cv-01116-LJO-SKO (PC)

Defendant.
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(Doc. 3)
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Plaintiff Cleveland James Smith, Jr., a prisoner proceeding pro se, filed this civil action on

17 July 16, 2014. On July 21, 2014, the Court issued an order requiring Plaintiff to pay the $400.00
18 filing fee in full or file an application to proceed in forma pauperis on the form provided within
19 forty-five days. More than forty-five days have passed and Plaintiff has not complied with or
20 otherwise responded to the order. Plaintiff was warned that dismissal would occur if he failed to
21 obey the order.
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A civil action may not proceed absent the submission of either the filing fee or a completed

23 application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on Plaintiff’s failure to
24 comply with the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine
25 (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

September 25, 2014

UNITED STATES DISTRICT JUDGE
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