Robert Mix v. Nazim

Filing 10

ORDER DISMISSING ACTION without Prejudice for Failure to Pay Filing Fee or File Application to Proceed In Forma Pauperis signed by District Judge Lawrence J. O'Neill on 05/11/2015. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ROBERT MIX, Plaintiff, 11 12 v. 13 NAZIM, 14 Defendant. _____________________________________/ Case No. 1:15-cv-00445-LJO-SKO (PC) ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE OR FILE APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. 8) 15 16 Plaintiff Robert Mix, a civil detainee proceeding pro se, filed this civil rights action 17 pursuant to 42 U.S.C. § 1983 on February 13, 2015. On March 24, 2015, the Court issued an 18 order requiring Plaintiff to either pay the $400.00 filing fee in full or file an application to proceed 19 in forma pauperis on the form provided with the order, within thirty days. More than thirty days 20 have passed and Plaintiff has not complied with or otherwise responded to the Court’s order. 21 Plaintiff was warned that dismissal would occur if he failed to obey the order. 22 A civil action may not proceed absent the submission of either the filing fee or a completed 23 application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on Plaintiff’s failure to 24 comply with the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine 25 (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110. 26 /// 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. IT IS SO ORDERED. 3 4 Dated: /s/ Lawrence J. O’Neill May 11, 2015 UNITED STATES DISTRICT JUDGE 5 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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