Petillo v. Galliger et al

Filing 47

ORDER VACATING 45 Findings and Recommendations; ORDER GRANTING Plaintiff's 46 Motion to Extend Time to Pay the $400.00 Filing Fee signed by Magistrate Judge Gary S. Austin on 06/03/2021. Sixty-Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAIAH J. PETILLO, Plaintiff, 12 13 14 v. GALLAGHER, et al., Defendants. 15 16 1:18-cv-00217-NONE-GSA (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS (ECF No. 45.) ORDER GRANTING PLAINTIFF’S MOTION TO EXTEND TIME TO PAY THE $400.00 FILING FEE (ECF No. 46.) 60-DAY DEADLINE TO PAY FILING FEE 17 18 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. 19 § 1983. On March 29, 2021, the court issued an order requiring Plaintiff to pay the $400.00 filing 20 fee for this action in full within thirty days. (ECF No. 44.) The thirty-day deadline expired and 21 Plaintiff did not pay the filing fee or otherwise respond to the court’s order. (Court Record.) 22 Therefore, on May 17, 2021, the court issued findings and recommendations, recommending that 23 this case be dismissed without prejudice for Plaintiff’s failure to comply with the court’s order. 24 (ECF No. 45.) 25 On May 26, 2021, Plaintiff filed objections to the findings and recommendations and a 26 motion to extend time to pay the $400.00 filing fee. (ECF No. 46.) Plaintiff asserts that he has 27 the means to pay the filing fee but is waiting for a check to clear. 28 1 1 2 3 Good cause having been presented to the court and GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED that: 1. VACATED; 4 5 2. 3. Plaintiff’s failure to comply with this order shall result in a recommendation that this case be dismissed. 8 9 Plaintiff is granted sixty (60) days from the date of service of this order in which to submit the $400.00 filing fee to the court; and 6 7 The court’s findings and recommendations, issued on May 17, 2021, are IT IS SO ORDERED. 10 11 Dated: June 3, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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