Cruz v. Biter et al

Filing 6

ORDER DISMISSING CASE for Failure to Pay Filing Fee, signed by District Judge Anthony W. Ishii on 5/5/17. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,

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Case No. 1:17-cv-00084-AWI-MJS (PC)
ORDER DISMISSING CASE FOR
FAILURE TO PAY FILING FEE

v.
BITER, et al.,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42

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U.S.C. § 1983.

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On March 7, 2017, this Court found Plaintiff had incurred more than three strikes under 28

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U.S.C. § 1915(g). (ECF No. 5.) The Court thus denied Plaintiff leave to proceed in forma pauperis

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and directed Plaintiff to pay the filing fee in full within twenty-one days. (Id.) More than twenty-one

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days have passed and Plaintiff has neither paid the fee nor sought an extension of time in which to

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do so.

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A civil action may not proceed absent the submission of the filing fee. 28 U.S.C. §§ 1914,

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1915. Based on Plaintiff’s failure to comply with the Court’s order, dismissal of this action is

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appropriate. See In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217,

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1226 (9th Cir. 2006); Local Rule 110.

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Accordingly, it is HEREBY ORDERED that this action is DISMISSED without prejudice for
failure to pay the filing fee. The Clerk of Court is respectfully directed to CLOSE this case.

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IT IS SO ORDERED.

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Dated: May 5, 2017

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SENIOR DISTRICT JUDGE

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