(PC) Cruz v. Pfeiffer et al

Filing 19

ORDER DISMISSING Action, Without Prejudice, For Failure to Pay Filing Fee, signed by District Judge Anthony W. Ishii on 04/28/2021. CASE CLOSED.(Maldonado, C)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 GUILLERMO TRUJILLO CRUZ, 8 9 10 CASE NO. 1:20-cv-01522-AWI-SAB (PC) Plaintiff, ORDER DISMISSING ACTION, WITHOUT PREJUDICE, FOR FAILURE TO PAY FILING FEE v. C. PFEIFFER, et al., 11 Defendants. 12 13 14 Plaintiff Guillermo Trujillo Cruz is proceeding pro se in this civil rights action pursuant to 15 42 U.S.C. § 1983. 16 On December 21, 2020, Plaintiff was directed to pay the $400.00 filing fee in full within 17 fourteen days because he has suffered three or more strikes under 28 U.S.C. § 1915(g) and failed 18 to demonstrate imminent danger of physical harm. Doc. No. 9. On January 28, 2021, the Court 19 denied Plaintiff’s motion for reconsideration of the Court’s December 21, 2020 order and directed 20 Plaintiff to pay the $400.00 filing fee within fourteen days or the action would be closed without 21 further notice. Doc. No. 11. 22 On February 17, 2021, the Court granted Plaintiff’s request for a thirty-day extension of 23 time to submit the filing fee. Doc. No. 14. 24 On March 19, 2021, Plaintiff filed a motion requesting that the Court allow him to pay the 25 filing fee by way of installment payments. Doc. No. 15. On March 25, 2021, the Court denied 26 Plaintiff’s motion to pay the filing fee by way of installment payments. Doc. No. 16. 27 On April 7, 2021, Plaintiff filed a response to the Court’s March 25, 2021 order, requesting 28 permission to pay the filing fee by way “doing some kind of community service outside prison 1 grounds.” Doc. No. 17. On April 8, 2021, the Court denied Plaintiff’s request stating that the 2 filing fee requirement must be fulfilled by way of United States currency, and Plaintiff cannot 3 attempt to pay by way of community service. Doc. No. 18. The Court also advised Plaintiff that 4 the filing fee was due on or before April 19, 2021, or the action would be dismissed. Id. 5 Plaintiff has not paid the filing fee and the time in which to do so has passed. 6 Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED, without 7 prejudice, for failure to pay the filing fee. The Clerk shall CLOSE this case. 8 9 IT IS SO ORDERED. 10 Dated: April 28, 2021 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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