Danny James Cohea v. Faldon et al

Filing 11

ORDER DISMISSING CASE for Failure to Pay Filing Fee signed by District Judge Dale A. Drozd on 2/23/2017. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY JAMES COHEA, 12 Plaintiff, 13 14 v. No. 1:16-cv-00955-DAD-EPG ORDER DISMISSING CASE FOR FAILURE TO PAY FILING FEE J. FALDON et al., (Doc. No. 10) 15 Defendants. 16 17 18 Plaintiff Danny Cohea is a state prisoner proceeding pro se in this civil rights action 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 16, 2016, Magistrate Judge Erica P. Grosjean entered findings and 21 22 recommendations, recommending that plaintiff’s applications to proceed in forma pauperis be 23 denied and that plaintiff be required to pay the $400 filing fee in full to proceed with this action. 24 (Doc. No. 8.) On November 23, 2016, the court entered an order adopting the findings and 25 recommendations in full. (Doc. No. 10.) The order denied plaintiff’s motions to proceed in 26 forma pauperis, and gave plaintiff thirty days to pay the required $400 filing fee. (Id.) The order 27 further specifically warned plaintiff that “[f]ailure to comply with this order shall result in the 28 ///// 1 1 dismissal of this action.” (Id.). The thirty day period has expired, and plaintiff has failed to pay 2 the $400 filing fee. 3 Accordingly, this action is hereby dismissed and the Clerk of the Court is directed to close 4 this case. 5 IT IS SO ORDERED. 6 Dated: February 23, 2017 UNITED STATES DISTRICT JUDGE 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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