O'Brien v. Sied, et al.

Filing 11

ORDER DISMISSING Action Without Prejudice For Plaintiff's Failure to Obey a Court Order and to Pay Filing Fee or File Proper Application to Proceed In Forma Pauperis, signed by Magistrate Judge Sheila K. Oberto on 1/11/17. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-01178-SKO (PC)
KORY T. O’BRIEN,

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Plaintiff,

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v.
SIED, et al.,

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ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR PLAINTIFF’S FAILURE TO
OBEY A COURT ORDER AND TO PAY FILING
FEE OR FILE PROPER APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Docs. 9, 10)

Defendants.

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Plaintiff, Kory T. O’Brien, is a state prisoner proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983. On September 2, 2016, an order issued for Plaintiff to submit a
correct application to proceed in forma pauperis, or to pay the filing fee within 45 days. (Doc.
9.)1

responded to the Court’s order. (Id.) Plaintiff was warned that recommendation for dismissal
would issue if he failed to obey the order. (Id.) Further, on December 2, 2016, an order issued
for Plaintiff to show cause within thirty days why the action should not be dismissed for his
failure to prosecute and comply with the Court’s order. (Doc. 10.) Despite lapse of more than the
allowed time, Plaintiff has failed to file any response.

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Despite lapse of more than the time allowed, Plaintiff has not complied with or otherwise

A civil action may not proceed absent the submission of either the filing fee or a
completed, correct application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on

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The proper form was provided with that order for Plaintiff’s use. (See Doc. 9-1, pp. 2-3.)

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Plaintiff’s failure to comply with the Court’s order, dismissal of this action is appropriate. In re
Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);
Local Rule 110.

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Accordingly, it is HEREBY ORDERED that this action is dismissed without prejudice for
Plaintiff's failure to comply with the Court’s order and to pay the filing fee or file the correct
application to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

January 11, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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