Dupree, Jr. v. Wilson

Filing 11

ORDER DISMISSING ACTION For Plaintiff's Failure to Pay Filing Fee, signed by District Judge Lawrence J. O'Neill on 12/29/2014. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSE DUPREE, JR.,

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CASE NO. 1:14-cv-01605-LJO-MJS (PC)

Plaintiff,

ORDER DISMISSING ACTION FOR
PLAINTIFF’S FAILURE TO PAY FILING
FEE

v.
J. WILSON,

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(ECF No. 10)
Defendant.

CLERK TO CLOSE CASE

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought
pursuant to 42 U.S.C. § 1983.
On

November

7,

2014,

the

Magistrate

Judge

issued

findings

and

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recommendations (ECF No. 9) that Plaintiff’s in forma pauperis application should be

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denied because he accrued three or more strikes and was not under imminent danger of

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serious physical harm at the time the action was initiated, 28 U.S.C. § 1915(g), and that

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Plaintiff should be provided with the opportunity to pay the filing fee in full.

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On

December

3,

2014,

the

undersigned

adopted

the

findings

and

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recommendations, and ordered Plaintiff to submit the $400 filing fee, in full, within

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twenty-one days. (ECF No. 10.) Plaintiff was specifically cautioned that his failure to do

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so would result in dismissal of this action. (Id.) Local Rule 110. The twenty-one day

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deadline has passed and Plaintiff has 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 pay the filling fee. The Clerk

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is directed to terminate all pending motions and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 29, 2014

UNITED STATES DISTRICT JUDGE
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