Dearwester v. California Department of Corrections and Rehabilitation

Filing 7

ORDER DISMISSING Action for Plaintiff's Failure to Pay Filing Fee 6 , signed by Magistrate Judge Michael J. Seng on 6/22/15: This action is DISMISSED WITHOUT PREJUDICE pursuant to Local Rule 110 for Plaintiff's failure to pay the filing fee; and All pending motions shall be terminated and the Clerk of Court shall CLOSE this case. (CASE CLOSED)(Hellings, J)

1
2
3
4
5
6
7
8
9
10
11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14

FRANK LEE DEARWESTER,

15
16
17
18

Plaintiff,
v.
CDCR, et al.,

CASE No. 1:15-cv-00694-MJS
ORDER DISMISSING ACTION FOR
PLAINTIFF’S FAILURE TO PAY FILING
FEE
(ECF No. 6)

Defendants.

CLERK TO CLOSE CASE

19
Plaintiff is a state prisoner proceeding pro se in this civil rights action filed
20
pursuant to 42 U.S.C. § 1983. (ECF No. 1.) He has consented to Magistrate Judge
21
jurisdiction. (ECF No. 5.)
22

On May 28, 2015, the Court denied Plaintiff’s motion to proceed in forma pauperis

23
because Plaintiff had accrued three or more strikes and was not in imminent danger of
24
serious physical harm at the time the action was filed. (ECF No. 6.) Plaintiff was ordered
25
to submit the $400 filing fee in full within twenty-one days, and cautioned that his failure
26
to do so would result in dismissal of the action (Id.) Local Rule 110. The twenty-one day
27
period has passed and Plaintiff has not submitted the filing fee.
28

1

Accordingly, it is HEREBY ORDERED that:

2

1.

3

This action is DISMISSED WITHOUT PREJUDICE pursuant to Local Rule
110 for Plaintiff’s failure to pay the filing fee; and

4
1.

All pending motions shall be terminated and the Clerk of Court shall

5
CLOSE this case.

6
7
8

IT IS SO ORDERED.

9
10

Dated:

June 22, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2