(PC) Fleming v. Moore

Filing 7

ORDER ADOPTING IN FULL 6 Findings and Recommendations to Dismiss this Action Without Prejudice for Failure to Pay the Filing Fee and Directing the Clerk of Court to Close the Case, signed by District Judge Jennifer L. Thurston on 06/04/2024. CASE CLOSED. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS TERRELL FLEMING, Plaintiff, 12 13 14 v. THOMAS MOORE, M.D., 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:24-cv-0083 JLT EPG (PC) ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS TO DISMISS THIS ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY THE FILING FEE AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE (Doc. 6) Marcus Terrell Fleming asserts he received inadequate medical care at FCI Mendota and seeks 17 18 to hold the defendants liable for violations of his civil rights. (Doc. 1.) Plaintiff failed to pay the 19 filing fee or apply to proceed in forma pauperis when he filed the complaint. The Court ordered him 20 to take either action within 30 days. (Doc. 4.) The Court also warned Plaintiff that “[f]ailure to 21 comply with this order will result in dismissal of this action.” (Id. at 2, emphasis omitted.) After Plaintiff failed to take any action, the magistrate judge recommended the matter be 22 23 dismissed without prejudice. (Doc. 6.) The Court served the Findings and Recommendations on 24 Plaintiff at the only address on record. However, the Postal Service returned the Findings and 25 Recommendations as “Undeliverable, Return to Sender, No Longer at this Address” on March 25, 26 2024.1 To date, Plaintiff has not paid the filing fee in this action. 27 28 1 Pursuant to Local Rule 183(b), a Notice of Change of Address was due within 63 days, or no later than May 27, 2024. 1 1 Pursuant to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Having 2 carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 3 by the record and proper analysis. Accordingly, the Court ORDERS: 4 1. The Findings and Recommendations issued on April 29, 2024 (Doc. 8) are ADOPTED in full. 5 6 2. This case is DISMISSED without prejudice for failure to pay the filing fee. 7 3. The Clerk of Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: June 4, 2024 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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