Pierce v. U.S. Congress

Filing 18

ORDER DISMISSING CASE for Plaintiff's failure to pay filing fee 17 signed by District Judge Dale A. Drozd on 1/5/2017. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAVON PIERCE,

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Plaintiff,

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No. 1:16-cv-01282-DAD-MJS (PC)

v.
U.S. CONGRESS,

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Defendant.

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ORDER DISMISSING ACTION FOR
PLAINITFF’S FAILURE TO PAY FILING
FEE
(Doc. No. 17)
CLERK TO TERMINATE MOTIONS AND
CLOSE CASE

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Plaintiff is a state prisoner proceeding pro se in a civil action. The matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the

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United States District Court for the Eastern District of California.
On September 13, 2016, and September 30, 2016, the assigned magistrate judge issued

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findings and recommendations recommending that plaintiff’s motion to proceed in forma

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pauperis be denied. (Doc. Nos. 4 and 8.) On November 23, 2016, the undersigned adopted those

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findings and recommendations, denied plaintiff’s motion to proceed in forma pauperis, and

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ordered plaintiff to pay the $400 filing fee in full within thirty days. (Doc. No. 17.) Plaintiff was

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cautioned that his failure to comply with that order would result in dismissal of this action. (Id. at

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2.)
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The thirty day deadline has passed without plaintiff either paying the filing fee or seeking

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an extension of time to do so. Accordingly, pursuant to Local Rule 110, this action is hereby

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dismissed without prejudice due to plaintiff’s failure to pay the required filling fee. The Clerk is

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directed to terminate all pending motions and close this case.

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IT IS SO ORDERED.

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Dated:

January 5, 2017
UNITED STATES DISTRICT JUDGE

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