Herrera-Garcia v. Sheryll

Filing 14

ORDER DISMISSING Case without Prejudice for Failure to Pay Filing Fee signed by District Judge Dale A. Drozd on 05/22/2018. CASE CLOSED.(Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MANUEL HERRERA-GARCIA,

12
13
14
15

No. 1:17-cv-00735-DAD-EPG (PC)

Plaintiff,
v.

ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE

SHERYLL,
Defendant.

16
17

Manuel Herrera-Garcia is a state prisoner proceeding pro se with this civil rights action

18

pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

19

pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for

20

the Eastern District of California.

21

On November 27, 2017, the court adopted the assigned magistrate judge’s findings and

22

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

23

without prejudice. (Doc. No. 13.) Plaintiff was ordered to pay the $400 filing fee in full within

24

thirty days of the date of issuance of that order, or to submit a renewed application to proceed in

25

forma pauperis clarifying plaintiff’s financial condition and adequately demonstrating financial

26

hardship. (Id. at 2.)

27
28

Far more than thirty days have passed following the issuance of the November 27, 2017
order, and plaintiff has failed to pay the required $400 filing fee or submit a renewed application
1

1

to proceed in forma pauperis.

2

Accordingly:

3
4
5
6
7

1. This case is dismissed without prejudice due to plaintiff’s failure to pay the required $400
filing fee or submit a renewed application to proceed in forma pauperis; and
2. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated:

May 22, 2018
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