Hairston v. Curliss et al

Filing 6

ORDER DISMISSING ACTION for Plaintiff's Failure to Pay Filing Fee 5 ,signed by District Judge Lawrence J. O'Neill on 1/13/2015. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT KURT HAIRSTON,

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CASE NO. 1:14-cv-01760-LJO-MJS (PC)

Plaintiff,

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

v.
R. CURLISS, et al.,

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(ECF No. 5)

Defendants.

CLERK TO CLOSE CASE

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States

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District Court for the Eastern District of California.

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On

November

24,

2014,

the

Magistrate

Judge

issued

findings

and

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recommendations to deny Plaintiff’s in forma pauperis application and to require Plaintiff

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to pay the filing fee in full. (ECF No. 4.) On December 18, 2014, the undersigned

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adopted the findings and recommendations and ordered Plaintiff to submit the $400 filing

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fee in full within twenty-one days. (ECF No. 5.) Plaintiff specifically was cautioned that

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his failure to do so would result in dismissal of this action. (Id.) Local Rule 110. The

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twenty-one day 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

January 13, 2015

UNITED STATES DISTRICT JUDGE
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