Shepard v. Podsakoff et al

Filing 8

ORDER DISMISSING Action without prejudice for failure to pay filing fee and failure to obey Court Order, signed by District Judge Anthony W. Ishii on 09/18/17. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,
v.

Case No. 1:17-cv-00754-AWI-BAM (PC)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE AND FAILURE TO OBEY COURT
ORDER

M. PODSAKOFF, et al.,
(ECF No. 7)
Defendants.

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Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on June 2, 2017. (ECF

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No. 1.) The same day, Plaintiff filed an application to proceed in forma pauperis under 28 U.S.C.

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§ 1915. (ECF No. 2.)

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On June 7, 2017, the Court issued findings and recommendations recommending that

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Plaintiff’s application to proceed in forma pauperis be denied and that he be required to pay the

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$400.00 filing fee in full to proceed with this action. (ECF No. 5.) Plaintiff did not file

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objections. On August 9, 2017, the assigned District Judge issued an order adopting the findings

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and recommendations and ordering Plaintiff to pay the $400.00 filing fee in full within twenty-

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one (21) days. (ECF No. 7). In that order, Plaintiff was warned that if he failed to pay the filing

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fee within the specified time, the action would be dismissed. (Id. at 2.) More than thirty days

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have passed, and Plaintiff has failed to pay the filing fee.

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Because Plaintiff has failed to obey the Court’s order and pay the appropriate filing fee,

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this case cannot proceed. This matter will be dismissed See id.; Ferdik v. Bonzelet, 963 F.2d

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1258, 1260–61 (9th Cir. 1992).
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ORDER

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Based on the foregoing, this action is HEREBY DISMISSED, without prejudice, for

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Plaintiff’s failure to comply with the Court’s order of August 9, 2017, (ECF No. 7), and his

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failure to pay the filing fee.

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IT IS SO ORDERED.
Dated: September 18, 2017
SENIOR DISTRICT JUDGE

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