Benyamini v. Mendoza et al

Filing 124

ORDER signed by Judge Lawrence K. Karlton on 11/26/12 ORDERING that In light of Plaintiff's failure to provide the filing fee in full in accordance with this Court's order, filed on 8/13/12 119 , this case is DISMISSED. Plaintiff's repetitive and/or otherwise defective motions/requests, filed on 5/30/12 112 ; 7/2/12 118 ; 8/31/12 120 are VACATED as moot. CASE CLOSED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT P. BENYAMINI,
Plaintiff,

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vs.

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No. CIV S-09-2602 LKK GGH P

MENDOZA, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. By order filed on August 13, 2012, defendants’ motion to

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revoke plaintiff’s in forma pauperis status, filed on September 13, 2011, was granted and

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plaintiff was granted twenty-eight days to pay the filing fee in full. In the August 13th order,

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plaintiff was informed that should he fail to pay the fee within that period of time, the case would

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be dismissed. Plaintiff has failed to pay the filing fee in full and the time for doing so has

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expired.1

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Plaintiff’s pending repetitive and/or otherwise defective motions/requests, at docket #
112, # 118 and # 120, are vacated as moot.
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Accordingly, IT IS HEREBY ORDERED that:

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1. In light of plaintiff’s failure to provide the filing fee in full in accordance with

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this court’s order, filed on August 13, 2012 (docket # 119), this case is dismissed.
2. Plaintiff’s repetitive and/or otherwise defective motions/requests, filed on

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May 30, 2012 (docket # 112); July 2, 2012 (docket # 118); August 31, 2012 (docket # 120), are

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vacated as moot.

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DATED: November 26, 2012.

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