Butler v. Ron et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DERWIN BUTLER, SR.,
Plaintiff,
(Doc. 7)
v.
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RON, et al.,
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ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO FILE
APPLICATION TO PROCEED IN FORMA
PAUPERIS
Defendants.
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Case No. 1:14-cv-01682-AWI-JLT (PC)
_____________________________________/
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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.
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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.
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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.
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IT IS SO ORDERED.
5 Dated: January 8, 2015
SENIOR DISTRICT JUDGE
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