Barnes v. Wolf et al

Filing 6

ORDER DISMISSING ACTION Without Prejudice for Failure to Pay Filing Fee and Failure to Obey a Court Order, signed by District Judge Ana de Alba on 11/18/2022. CASE CLOSED. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTOINE DESHAWN BARNES,
Plaintiff,

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v.
DAVID WOLF, et al.,

Case No. 1:22-cv-00955-ADA-SKO
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING FEE
AND FAILURE TO OBEY A COURT ORDER
(Doc. Nos. 3, 5)

Defendants.

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Plaintiff Antoine Deshawn Barnes is a state prisoner proceeding pro se in this civil action,

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which he filed on August 1, 2022. (Doc. No. 1.) The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 4, 2022, the assigned Magistrate Judge issued findings and recommendations

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recommending that plaintiff’s application to proceed in forma pauperis be denied pursuant to 28

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U.S.C. § 1915(a) and (g) and that plaintiff be required to pay the $402.00 filing fee in full to

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proceed with this action. (Doc. No. 3.) On September 6, 2022, the undersigned adopted the

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findings and recommendations in full and ordered plaintiff to pay the $402.00 filing fee within

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thirty (30) days of the date of service. (Doc. No. 5.) In that order, plaintiff was also warned that if

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he failed to pay the filing fee within the specified time, the action would be dismissed. (Id. at 2.)

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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.
Accordingly,
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This action is DISMISSED without prejudice due to plaintiff’s failure to obey a
court order and to pay the required filing fee; and

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

November 18, 2022
UNITED STATES DISTRICT JUDGE

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