Whitfield v. County of Fresno et al

Filing 6

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 2/23/18. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL WHITFIELD,

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Plaintiff,
v.

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ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE AND FAILURE TO OBEY COURT
ORDER

COUNTY OF FRESNO, et al.,

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Case No. 1:17-cv-01155-AWI-BAM (PC)

Defendants.

(ECF No. 5)

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Plaintiff Michael Whitfield (“Plaintiff”) is a pretrial detainee proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 28, 2017.

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(ECF No. 1.) The same day, Plaintiff filed an application to proceed in forma pauperis under 28

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U.S.C. § 1915. (ECF No. 2.)

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On September 1, 2017, the Court issued findings and recommendations recommending

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

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the $400.00 filing fee in full to proceed with this action. (ECF No. 4.) Plaintiff did not file

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objections. On September 26, 2017, the undersigned issued an order adopting the findings and

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

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(21) days. (ECF No. 5). In that order, Plaintiff was warned that if he failed to pay the filing fee

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within the specified time, the action would be dismissed without further notice. (Id. at 2.) The

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deadline to pay the filing fee has expired, and Plaintiff has failed to comply.
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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 September 26, 2017, (ECF No. 5), and his

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failure to pay the filing fee.

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IT IS SO ORDERED.
Dated: February 23, 2018
SENIOR DISTRICT JUDGE

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