Butler v. Ron et al

Filing 10

ORDER DISMISSING ACTION Without Prejuidce for Failure to File Application to Proceed In Forma Pauperis signed by District Judge Anthony W. Ishii on 1/8/2015. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DERWIN BUTLER, SR., Plaintiff, (Doc. 7) v. 12 RON, et al., 14 15 ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO FILE APPLICATION TO PROCEED IN FORMA PAUPERIS Defendants. 11 13 Case No. 1:14-cv-01682-AWI-JLT (PC) _____________________________________/ 16 17 Plaintiff, Derwin Butler, Sr., a state prisoner proceeding pro se, filed this civil rights action 18 on August 25, 2014. On October 31, 2014, the Court issued an order requiring Plaintiff to pay the 19 filing fee or file an application to proceed in forma pauperis on the form provided with the order, 20 within forty-five days. More than forty-five days have passed and Plaintiff has not complied with 21 or otherwise responded to the Court’s order. Plaintiff was warned that dismissal would occur if he 22 failed to obey the order. 23 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. 27 /// 28 /// 1 Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for 2 failure to pay the filing fee or file a completed application to proceed in forma pauperis. 3 4 IT IS SO ORDERED. 5 Dated: January 8, 2015 SENIOR DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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