Logan v. Tomer et al

Filing 14

ORDER DISMISSING CASE for Failure to Pay Filing Fee, signed by Magistrate Judge Erica P. Grosjean on 10/19/17. CASE CLOSED(Martin-Gill, S)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 5 Plaintiff, 6 7 8 Case No. 1:17-cv-00887 -EPG (PC) JAMES DAVID LOGAN, II, ORDER DISMISSING CASE FOR FAILURE TO PAY FILING FEE v. (ECF NO. 13) DR. TOMER and DR. GLADSTEIN, Defendants. 9 10 11 James David Logan, II (“Plaintiff”) is a state prisoner proceeding pro se with this civil 12 rights action filed pursuant to 42 U.S.C. § 1983. On July 19, 2017, Plaintiff consented to 13 magistrate judge jurisdiction in this action pursuant to 28 U.S.C. § 636(c) (ECF No. 8), and no 14 other parties have made an appearance. Therefore, pursuant to Appendix A(k)(4) of the Local 15 Rules of the Eastern District of California, the undersigned shall conduct any and all 16 proceedings in the case until such time as reassignment to a district judge is required. Local 17 Rule Appendix A(k)(3). 18 On September 6, 2017, the Court issued an order denying Plaintiff’s application to 19 proceed in forma pauperis, ordering Plaintiff to pay the $400.00 filing fee in full within 30 days 20 of the date of service of the order if he wanted to proceed with this case, and warning Plaintiff 21 that “[f]ailure to pay the filing fee within 30 days of the date of service of this order will result 22 in dismissal of this action.” (ECF No. 13, pgs. 5-6). 23 24 25 26 The thirty day period has expired and Plaintiff has failed to pay the $400 filing fee. Accordingly, IT IS ORDERED that the case is DISMISSED. IT IS SO ORDERED. Dated: October 19, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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