Favor VEXATIOUS LITIGANT v. Knight et al

Filing 6

ORDER DISMISSING Action due to Plaintiff's failure to pay filing fee 5 signed by District Judge Dale A. Drozd on 1/6/2022. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRANDON ALEXANDER FAVOR, 12 13 14 15 No. 1:21-cv-01617-DAD-SAB (PC) Plaintiff, v. MARION JUNE KNIGHT, et al., Defendants. ORDER DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO PAY FILING FEE (Doc. No. 5) 16 17 Plaintiff Brandon Alexander Favor is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 9, 2021, the assigned magistrate judge issued findings and 21 recommendations recommending that plaintiff’s application to proceed in forma pauperis under 22 28 U.S.C. § 1915(g) be denied because plaintiff had suffered three or more prior strike dismissals 23 and that he be ordered to pay the required $402.00 filing fee in order to proceed with this action. 24 (Doc. No. 3.) On December 7, 2021, the undersigned adopted those findings and 25 recommendations, denied plaintiff’s motion to proceed in forma pauperis, and ordered plaintiff to 26 pay the $402 filing fee in full within twenty-one (21) days. (Doc. No. 5.) Plaintiff was cautioned 27 that his failure to comply with that order and pay the required filing fee within the specified time 28 would result in dismissal of this action. (Id. at 2.) 1 1 2 To date, plaintiff has not paid the required filing fee or requested an extension of time to do so, and the deadline to pay the required filing fee has now passed. 3 Accordingly, 4 1. 5 6 7 8 This action is dismissed without prejudice due to plaintiff’s failure to pay the required filing fee; and 2. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: January 6, 2022 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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