Olivier v. Kernan

Filing 17

ORDER DISMISSING CASE without prejudice for Failure to Pay Filing Fee,signed by District Judge Dale A. Drozd on 03/14/18. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE P. OLIVIER,

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No. 1:17-cv-01367-DAD-SAB

Plaintiff,
v.
SCOTT KERNAN,

ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE

Defendant.

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Plaintiff Maurice P. Olivier is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for

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the Eastern District of California.

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On December 21, 2017, the court adopted the assigned magistrate judge’s findings and

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recommendations recommending that plaintiff’s motion to proceed in forma pauperis be denied

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because he had previously suffered three or more prior strikes under 28 U.S.C. § 1915(g). (Doc.

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No. 9.) Plaintiff was ordered to pay the $400 filing fee in full within twenty-one days and was

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warned in the court’s prior order that his failure to pay the required filing fee would result in

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dismissal of this action. (Id.) More than twenty-one days have passed following the issuance of

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the December 21, 2017 order, and plaintiff has failed to pay the required $400 filing fee in

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connection with this action. Accordingly, this case will be dismissed.
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Given the foregoing:
1. This case is dismissed without prejudice due to plaintiff’s failure to pay the $400 filing
fee; and
2. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated:

March 14, 2018
UNITED STATES DISTRICT JUDGE

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