Jesse Youngblood v. Overley
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JESSE L. YOUNGBLOOD,
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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
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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.)
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On March 2, 2018, the Court denied Plaintiff’s application to proceed in forma pauperis
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and directed Plaintiff to pay the $400.00 filing fee within twenty-one (21) days of service of that
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order. (ECF No. 11.)
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On March 12, 2018, Plaintiff filed a motion in response to the March 2, 2018 order,
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stating that he is eligible to proceed in forma pauperis pursuant to 28 U.S.C. 1915(g) and
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submitted the appropriate forms to do so. The Court construed Plaintiff’s motion as a motion for
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reconsideration, and denied the motion. (ECF No. 13.)
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More than twenty-one (21) days have passed since the Court’s March 2, 2018 order, and
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Plaintiff has not paid the filing fee. Plaintiff’s action may not proceed absent the submission of
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the filing fee. 28 U.S.C. § 1914. Based on Plaintiff’s failure to comply with the Court’s order,
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dismissal of this action is appropriate. See In re Phenylpropanolamine (PPA) Prod. Liab. Litig.,
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460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110.
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Accordingly, it is HEREBY ORDERED that:
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1.
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This action is dismissed, without prejudice, based on Plaintiff’s failure to pay the
filing fee, and
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The Clerk of the Court shall terminate any and all pending motions and deadlines,
and close the case.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
April 3, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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