Jesse Youngblood v. Overley

Filing 14

ORDER DISMISSING Action without Prejudice for Failure to Pay Filing Fee; ORDER Directing Clerk to Terminate all Pending Motions and Close Case signed by Chief Judge Lawrence J. O'Neill on 04/03/2018. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 JESSE L. YOUNGBLOOD, 13 14 15 16 Plaintiff, v. D. OVERLEY, Defendant. No. 1:17-cv-01598-LJO-BAM (PC) ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE ORDER DIRECTING CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE 17 18 19 20 21 Plaintiff Jesse L. Youngblood is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on December 1, 2017. (ECF No. 1.) That same day, Plaintiff filed an application to proceed in forma pauperis. (ECF No. 2.) 22 On March 2, 2018, the Court denied Plaintiff’s application to proceed in forma pauperis 23 and directed Plaintiff to pay the $400.00 filing fee within twenty-one (21) days of service of that 24 order. (ECF No. 11.) 25 On March 12, 2018, Plaintiff filed a motion in response to the March 2, 2018 order, 26 stating that he is eligible to proceed in forma pauperis pursuant to 28 U.S.C. 1915(g) and 27 submitted the appropriate forms to do so. The Court construed Plaintiff’s motion as a motion for 28 reconsideration, and denied the motion. (ECF No. 13.) 1 1 More than twenty-one (21) days have passed since the Court’s March 2, 2018 order, and 2 Plaintiff has not paid the filing fee. Plaintiff’s action may not proceed absent the submission of 3 the filing fee. 28 U.S.C. § 1914. Based on Plaintiff’s failure to comply with the Court’s order, 4 dismissal of this action is appropriate. See In re Phenylpropanolamine (PPA) Prod. Liab. Litig., 5 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110. 6 Accordingly, it is HEREBY ORDERED that: 7 1. 8 9 10 This action is dismissed, without prejudice, based on Plaintiff’s failure to pay the filing fee, and 2. The Clerk of the Court shall terminate any and all pending motions and deadlines, and close the case. 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ April 3, 2018 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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