Wilson v. California Department of Correction & Rehabilitation et al

Filing 9

ORDER DISMISSING Action Without Prejudice for Failure to Pay Filing Fee or File Application to Proceed In Forma Pauperis, signed by Magistrate Judge Sheila K. Oberto on 12/17/2014. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYANT FRANK WILSON,
Plaintiff,

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v.

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CALIFORNIA DEPT. OF CORRECTIONS
AND REHABILITATION, et al.,

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(Doc. 5)

Plaintiff Bryant Frank Wilson, a state prisoner proceeding pro se, filed this civil rights
action pursuant to 42 U.S.C. § 1983 on September 22, 2014. On September 24, 2014, the Court
issued an order requiring Plaintiff to either pay the $400.00 filing fee in full or file an application
to proceed in forma pauperis on the form provided with the order, within forty-five days. More
than forty-five days have passed and Plaintiff has not complied with or otherwise responded to the
Court’s order. Plaintiff was warned that dismissal would occur if he failed to obey the order.

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

Defendants.
_____________________________________/

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Case No. 1:14-cv-01475-SKO (PC)

A civil action may not proceed absent the submission of either the filing fee or a completed
application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on Plaintiff’s failure to
comply with the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine
(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:

December 17, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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