Rodriguez v. Office of the President of the United States, Barack Hussein Obama

Filing 10

ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE; CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE signed by Chief Judge Lawrence J. O'Neill on 7/6/2017. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GILBERT RODRIGUEZ, Case No. 1:16-cv-01623-LJO-MJS (PC) 12 Plaintiff, 13 v. ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE 14 15 OFFICE OF THE PRESIDENT OF THE UNITED STATES, BARACK HUSSEIN OBAMA, CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE 16 Defendant. 17 18 19 Plaintiff proceeds pro se in this civil rights action. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Plaintiff initiated this action on October 27, 2016. (ECF No. 1.) That same day, 21 Plaintiff filed an application to proceed in forma pauperis. (ECF No. 2.) On May 5, 2017, 22 the Magistrate Judge issued findings and recommendations to deny Plaintiff leave to 23 proceed in forma pauperis (“IFP”) on the grounds that his lawsuit was frivolous within the 24 meaning of 28 § 1915(e)(2) and direct Plaintiff to pay the filing fee before he could proceed. 25 (ECF No. 3.) Plaintiff was granted fourteen days to file his objections. 26 Plaintiff filed his objections on May 18, 2017. (ECF No. 4.) On May 26, 2017, the 27 undersigned adopted the findings and recommendations, finding the objections to lack 28 merit. (ECF No. 5.) Plaintiff was directed to pay the filing fee within twenty-one days. 1 1 2 3 4 5 6 7 8 9 10 11 The twenty-one days elapsed and Plaintiff did not pay the fee. Rather, he filed a second set of objections to the Magistrate Judge’s findings and recommendations and the undersigned’s order adopting the same (ECF No. 6) and a motion for a “judicial petition in equity” (ECF No. 8.) These filings are in large part incomprehensible, and for that reason will be disregarded. Plaintiff’s action may not proceed absent the submission of the filing fee. 28 U.S.C. § 1914. Based on Plaintiff’s failure to comply with the Court’s order, dismissal of this action is appropriate. See In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110. Accordingly, it is HEREBY ORDERED THAT: 1. 12 13 This action is DISMISSED WITHOUT PREJUDICE, based on Plaintiff’s failure to pay the filing fee, and 2. 14 The Clerk of the Court shall terminate any and all pending motions and CLOSE the case. 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ July 6, 2017 UNITED STATES CHIEF DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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