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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRANDON ALEXANDER FAVOR,

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Plaintiff,

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v.

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MONAE, et al.,

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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.

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Plaintiff, Brandon Alexander Favor, a state prisoner proceeding pro se, filed this civil

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rights action on June 2, 2017. On July 13, 2017, an order issued finding Plaintiff ineligible to

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proceed in forma pauperis and requiring payment of the filing fee within twenty-one days.

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Plaintiff was warned that the action would be dismissed without prejudice if he failed to obey the

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order. More than a month has passed and Plaintiff has not paid the filing fee.

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A civil action may not proceed absent the submission of either the filing fee or approval to

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proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Since Plaintiff was found ineligible to

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proceed in forma pauperis, payment of the filing fee is required. Based on Plaintiff’s failure to

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pay the filing fee in compliance with the Court’s order, dismissal of this action is appropriate. In

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re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir.

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2006); Local Rule 110.

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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.

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Plaintiff may not unilaterally change this civil rights action to a habeas petition to avoid payment

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of the filing fee. If Plaintiff desires to pursue a writ of habeas corpus, he must do so in a new

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action.

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Accordingly, the Court HEREBY ORDERS this action dismissed without prejudice, for

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Plaintiff’s failure to pay the filing fee. The Clerk’s Office is directed to close this action and to

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return the petition for writ of habeas corpus and exhibits which Plaintiff filed on August 21, 2017

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(Doc. 13) to Plaintiff with service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 28, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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