Favor v. Monae et al

Filing 14

ORDER DISMISSING Action Without Prejudice for Failure to Pay Filing Fee, signed by Chief Judge Lawrence J. O'Neill on 8/28/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BRANDON ALEXANDER FAVOR, 10 Plaintiff, 11 v. 12 MONAE, et al., 13 Case No. 1:17-cv-00756-LJO-SKO (PC) ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE (Docs. 2, 7, 10) Defendants. 14 15 Plaintiff, Brandon Alexander Favor, a state prisoner proceeding pro se, filed this civil 16 rights action on June 2, 2017. On July 13, 2017, an order issued finding Plaintiff ineligible to 17 proceed in forma pauperis and requiring payment of the filing fee within twenty-one days. 18 Plaintiff was warned that the action would be dismissed without prejudice if he failed to obey the 19 order. More than a month has passed and Plaintiff has not paid the filing fee. 20 A civil action may not proceed absent the submission of either the filing fee or approval to 21 proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Since Plaintiff was found ineligible to 22 proceed in forma pauperis, payment of the filing fee is required. Based on Plaintiff’s failure to 23 pay the filing fee in compliance with the Court’s order, dismissal of this action is appropriate. In 24 re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 25 2006); Local Rule 110. 26 27 It is noted that Plaintiff recently filed a petition for writ of habeas corpus in this action. (Doc. 13.) However, Plaintiff initiated this civil rights action pursuant to 42 U.S.C. § 1983. 28 1 1 Plaintiff may not unilaterally change this civil rights action to a habeas petition to avoid payment 2 of the filing fee. If Plaintiff desires to pursue a writ of habeas corpus, he must do so in a new 3 action. 4 Accordingly, the Court HEREBY ORDERS this action dismissed without prejudice, for 5 Plaintiff’s failure to pay the filing fee. The Clerk’s Office is directed to close this action and to 6 return the petition for writ of habeas corpus and exhibits which Plaintiff filed on August 21, 2017 7 (Doc. 13) to Plaintiff with service of this order. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ August 28, 2017 UNITED STATES CHIEF 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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