Bontemps v. Hicks

Filing 11

ORDER DISMISSING CASE for Failure to Pay Required Filing Fee; ORDER to CLOSE CASE signed by Magistrate Judge Erica P. Grosjean on 3/1/2017. CASE CLOSED. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GREGORY C. BONTEMPS,

12

Plaintiff,

13
14

vs.
D. HICKS, et al.,

15

Defendants.

1:16-cv-01854-EPG
ORDER DISMISSING CASE FOR
FAILURE TO PAY REQUIRED FILING
FEE
(ECF No. 9)
ORDER TO CLOSE CASE

16

Gregory C. Bontemps (“Plaintiff”) is a state prisoner proceeding pro se with this civil

17
18
19
20

rights action pursuant to 42 U.S.C. § 1983.1 Plaintiff filed the Complaint commencing this
action on Oct. 20, 2016. (ECF No. 1.) On December 27, 2016, Plaintiff filed an application to
proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 9.)
The Court denied the motion to proceed in forma pauperis on January 23, 2017. (ECF

21
22
23
24

No. 10.) Plaintiff was ordered to pay the $400.00 filing fee in full within 30 days if he intended
to proceed with this action and was warned that “[f]ailure to comply with this order or pay the
filing fee will result in dismissal of this action.” (Id.)

25
26
27
28

1

On December 19, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this action pursuant to 28 U.S.C. §
636(c) (ECF No. 8), and no other parties have made an appearance. Therefore, pursuant to Appendix A(k)(4) of
the Local Rules of the Eastern District of California, the undersigned shall conduct any and all proceedings in the
case until such time as reassignment to a District Judge is required. Local Rule Appendix A(k)(3).
1

1

More than 30 days have passed, and Plaintiff has expressed no intention of paying the

2

required $400 filing fee to proceed with this action. Therefore, this case is DISMISSED

3

without prejudice. The Clerk of the Court is directed to CLOSE this case.

4
5
6

IT IS SO ORDERED.
Dated:

March 1, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2