(PC) Bland v. The People of the State of California et al
ORDER DISMISSING Action Without Prejudice for Failure to Pay Filing Fee and Failure to Obey Court Order, signed by District Judge Dale A. Drozd on 10/13/2020. CASE CLOSED. (Rivera, O)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THE PEOPLE OF THE STATE OF
No. 1:20-cv-00637-NONE-BAM (PC)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE AND FAILURE TO OBEY COURT
(Doc. No. 10)
Plaintiff Joshua Bland is a state prisoner proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983.
On May 8, 2020, the assigned magistrate judge issued findings and recommendations
recommending that plaintiff’s application to proceed in forma pauperis be denied and that he be
required to pay the $400.00 filing fee in full to proceed with this action. (Doc. No. 6.) Following
the granting of an extension of time to do so, plaintiff filed his objections on June 4, 2020. (Doc.
On August 6, 2020, the undersigned issued an order adopting the findings and
recommendations in full and ordering plaintiff to pay the $400.00 filing fee in full within twenty-
one (21) days to proceed with this action. (Doc. No. 10). Plaintiff was warned that if he failed to
pay the required filing fee within the specified time, the action would be dismissed without
further notice. (Id. at 2.)
On August 26, 2020, plaintiff filed a motion for an extension of time to pay the filing fee.
(Doc. No. 13.) That motion was granted. (Doc. No. 14.) On September 21, 2020, plaintiff filed
a request for judicial notice wherein plaintiff argued that the filing fee has been discharged in full
by way of a promissory note. Plaintiff states that the promissory note is valid legal tender; he
attempts to support this contention with a variety of frivolous arguments which the court declines
to summarize herein. (Id.)
The court has determined that plaintiff is subject to 28 U.S.C. § 1915(g), and that his
allegations do not satisfy the imminent danger exception. Therefore, prepayment of the filing fee
is required in order to proceed with this action. The court accepts credit card payments, and if
credit card payment cannot be made, fees may be paid by check or money order. Local Rule
135(g)(4). Promissory notes are not an acceptable method of payment for the required filing fees
in this action.
The extended deadline to pay the filing fee has expired, and plaintiff has failed to pay the
filing fee with a valid method of payment or otherwise indicate his willingness to comply with the
court’s order. Based on plaintiff’s filing, it is apparent that he does not intend to pay the filing fee
by valid method of payment. Because plaintiff has failed to obey the court’s order and pay the
appropriate filing fee, this case cannot proceed. Therefore, this matter will be dismissed. See
Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992).
1. This action is dismissed, without prejudice, due to plaintiff’s failure to comply with the
court’s order of August 6, 2020, (Doc. No. 10), and his failure to pay the required filing
2. The Clerk of the Court is directed to terminate all pending motions and deadlines and
close this action.
IT IS SO ORDERED.
October 13, 2020
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?