Bontemps v. Hicks

Filing 22

ORDER DISMISSING Action Without Prejudice for Failure to Pay the Filing Fee, signed by District Judge Dale A. Drozd on 4/15/19. CASE CLOSED. (Marrujo, C)

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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 GREGORY C. BONTEMPS, 12 Plaintiff, 13 14 No. 1:16-cv-01854-DAD-EPG v. ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY THE FILING FEE D. HICKS, 15 Defendant. 16 17 Gregory C. Bontemps is a state prisoner proceeding pro se with this civil rights action 18 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 25, 2018, the assigned magistrate judge issued findings and recommendations, 21 22 recommending that plaintiff’s motion to proceed in forma pauperis be denied. (Doc. No. 20.) On 23 October 23, 2018, the undersigned adopted those findings and recommendations in full. (Doc. 24 No. 21.) Accordingly, plaintiff was ordered to pay the $400 filing fee in full within thirty days of 25 the date of service of that order and was warned that his failure to do so would result in dismissal 26 of this action. (Id. at 2.) Far more than thirty days have passed following the issuance of that 27 order, and plaintiff has failed to pay the required $400 filing fee. 28 ///// 1 1 Accordingly: 2 1. 3 4 5 6 7 This case is dismissed without prejudice due to plaintiff’s failure to pay the required $400 filing fee; and 2. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: April 15, 2019 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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