Hendon v. Davey

Filing 8

ORDER Dismissing Case for Failure to Pay Filing Fee, Ordering Clerk of Court to Close Case, signed by District Judge Dale A. Drozd on 10/23/17. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CARLOS HENDON,

12

No. 1:17-cv-00661-DAD-SAB

Plaintiff,

13

v.

14

DAVEY,

15

ORDER DISMISSING CASE FOR FAILURE
TO PAY FILING FEE, ORDERING CLERK
OF COURT TO CLOSE CASE
Defendant.

(Doc. No. 7)

16
17

Plaintiff Carlos Hendon is appearing pro se with this civil rights action pursuant to 42

18

U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28

19

U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On July 11, 2017, the court adopted the assigned magistrate judge’s findings and

21

recommendations recommending that plaintiff’s motion to proceed in forma pauperis be denied

22

because he had suffered three or more prior strikes under 28 U.S.C. § 1915(g), and directing

23

plaintiff to pay the $400.00 filing fee within thirty days from the date of service of the order.

24

(Doc. No. 7) At that time, plaintiff was ordered to pay the $400 in full within thirty days and

25

warned that his failure to pay the required filing fee would result in dismissal of this action. (Id.)

26
27

/////
/////

/

28
1

1

Over thirty days have passed since the issuance of the July 11, 2017 order, and plaintiff

2

has failed to pay the $400 filing fee. Accordingly, this case is dismissed without prejudice, and

3

the Clerk of the Court is directed to close this case.

4

IT IS SO ORDERED.

5

Dated:

October 23, 2017
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2