Bridgeman v. Hashemi

Filing 13

ORDER DISMISSING CASE, signed by District Judge Dale A. Drozd on 10/12/17. CASE CLOSED. (Gonzalez, R)

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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 MICHAEL DAYNE BRIDGEMAN, 12 13 14 15 No. 1:16-cv-01399-DAD-MJS Plaintiff, v. ORDER DISMISSING THE ACTION NASTRAN HASHEMI, M.D., (Doc. No. 10) Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to 18 42 U.S.C. § 1983. On January 5, 2017, the undersigned adopted the assigned magistrate judge’s 19 findings and recommendations recommending that plaintiff’s application to proceed in forma 20 pauperis be denied and that plaintiff be directed to pay the required $400 filing fee in connection 21 with this action within fourteen days of the service of that order. (Doc. No. 10.) Plaintiff was 22 also informed in the order that his failure to pay the filing fee or otherwise respond to the order 23 will result in a dismissal of this action. (Id.) 24 That fourteen-day period has long since passed, and plaintiff has failed to pay the required 25 $400 filing fee. Instead, on April 26, 2017 and again on July 20, 2017, plaintiff filed notices with 26 the court representing that he is indigent and unable to pay the filing fee in connection with this 27 action. (Doc. Nos. 11 and 12.) However, as noted, this court previously denied plaintiff’s 28 application to proceed in forma pauperis based upon the determination that plaintiff had incurred 1 1 three or more dismissals of actions he had filed which qualified as strikes under 28 U.S.C. § 2 1915(g) and that plaintiff had failed to make any specific, credible allegations in support of the 3 application of the imminent danger exception under that provision. (Doc. Nos. 8 and 10.) 4 Nothing in the notices subsequently filed by plaintiff call into question the court’s prior order. 5 For the reasons set forth above: 6 1. 7 8 9 10 This action is dismissed due to plaintiff’s failure to submit the necessary filing fees; and 2. The Clerk of Court is directed to close this case. IT IS SO ORDERED. Dated: October 12, 2017 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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