(PC) Kelly v. Jones, et al.

Filing 9

ORDER DISMISSING Action without Prejudice for Plaintiff's Failure to Pay Filing fee signed by District Judge Jennifer L. Thurston on 11/23/2024. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES CARL KELLY,

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Plaintiff,
v.
GAVIN NEWSOME, et al.,

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Case No.: 1:24-cv-01063 JLT SKO
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR PLAINTIFF’S FAILURE TO
PAY FILING FEE
(Doc. 8)

Defendants.

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The Court found Plaintiff is subject to the three strikes bar of 28 U.S.C. § 1915. (Doc. 8.)

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However, Plaintiff has not paid the filing fee, despite a warning that failure to do so would result

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in dismissal. (Id. at 2.) Without such payment, the action cannot proceed. See Saddozai v.

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Davis, 35 F.4th 705 (9th Cir. 2022) (when subject to the three strikes bar, “the prisoner must pay

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the whole filing fee up front before bringing another lawsuit”). Thus, the Court ORDERS:

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1. Plaintiff’s complaint is DISMISSED without prejudice.

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2. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

November 23, 2024