Martinez v. Schwarzenegger

Filing 9

ORDER DISMISSING ACTION FOR FAILURE TO FOLLOW COURT ORDER signed by Magistrate Judge Dennis L. Beck on 5/29/2015. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD LORENZO MARTINEZ,

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Plaintiff,

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Case No. 1:15-cv-00281-DLB PC
ORDER DISMISSING ACTION FOR
FAILURE TO FOLLOW COURT ORDER

v.

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ARNOLD SCHWARZENEGGER, et al.,

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Defendants.

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Plaintiff Richard Lorenzo Martinez (“Plaintiff”) is a California state prisoner proceeding pro

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se in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 23, 2015.

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On February 26, 2015, the Court ordered Plaintiff to submit an application to proceed in forma

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pauperis on the correct form, or pay the filing fee, within forty-five (45) days.
On April 21, 2015, after the time for complying with the order had passed, the Court issued

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an order to show cause why the action should not be dismissed for failure to follow a Court order.

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Plaintiff was ordered to file a response, or comply with the February 26, 2015, order, within twenty-

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one (21) days. Over twenty-one (21) days have passed and Plaintiff has not filed a response or

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otherwise communicated with the Court.1 Plaintiff was warned that dismissal would occur if he

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failed to obey the order.

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On March 13, 2015, Plaintiff sent a letter to the Court questioning the filing fee. In a March 16, 2015, order, the Court
informed Plaintiff that the filing fee was required and that he had to comply with the February 26, 2015, within the timeframe provided.

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A civil action may not proceed absent the submission of either the filing fee or a completed

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application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on Plaintiff’s failure to

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comply with the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine

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(PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110.

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Accordingly, the Court HEREBY ORDERS that this action be DISMISSED, WITHOUT

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PREJUDICE, for Plaintiff’s failure to follow a Court order, and failure to pay the filing fee or file a

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completed application to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 29, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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