Jeff Walker v. Robles et al

Filing 11

ORDER DISMISSING Action Without Prejudice and Denying 6 Motion for Temporary Restraining Order as Moot; ORDER DIRECTING Case Closure by Court Clerk, signed by District Judge Anthony W. Ishii on 9/18/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 Case No. 1:16-cv-01886-AWI-JLT (PC) JEFF WALKER, Plaintiff, 12 13 v. 14 ROBLES, et al., 15 16 ORDER DISMISSING ACTION WITHOUT PREJUDICE AND DENYING MOTION FOR TEMPORARY RESTRAINING ORDER AS MOOT (Docs. 6, 9, 10) Defendants. ORDER DIRECTING CASE CLOSURE BY COURT CLERK 17 18 19 20 21 22 23 24 25 26 27 Plaintiff filed a motion to proceed in forma pauperis along with this civil rights action pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. On June 12, 2017, the Magistrate Judge issued Findings and Recommendations to deny Plaintiff’s application to proceed in forma pauperis based on his untrue poverty allegation. (Doc. 9.) The Findings and Recommendations were adopted on August 2, 2017, and Plaintiff was ordered to pay the full filing fee within twenty-one days. (Doc. 10.) Plaintiff was warned that the failure to timely pay the fee would result in the dismissal of this case. (Id.) Approximately a month has lapsed and Plaintiff has not paid the filing fee. Therefore, pursuant to the Court’s August 2, 2017 order and warning, this case will be dismissed and closed. 28 1 1 2 Accordingly, IT IS HEREBY ORDERED that: 1. 3 4 requisite $400 filing fee; 2. 5 6 This case is DISMISSED without prejudice for Plaintiff's failure to pay the The pending motion for a temporary restraining order (Doc. 6) is DENIED as moot; and 3. The Clerk of the Court is directed to CLOSE this case. 7 8 9 10 IT IS SO ORDERED. Dated: September 18, 2017 SENIOR 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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