Rasheed v. Walker et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/15/11 DISMISSING CASE without prejudice. CASE CLOSED. (Plummer, M)

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(PC)Rasheed v. Walker et al Doc. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff did, however, file a document styled "motion for temporary injunction order" on January 18, 2011. In this motion plaintiff states that he is "under the threat of imminent 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TAHEE ABD RASHEED, Plaintiff, vs. J. WALKER, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). On January 7, 2011, the court found that plaintiff is ineligible to proceed in forma pauperis. Accordingly, the court ordered plaintiff to pay the filing fee required by 28 U.S.C. § 1914 within thirty days and warned him that failure to do so would result in this action being dismissed. The 30-day period has expired and plaintiff has not paid the requisite filing fee.1 ORDER No. CIV S-09-3430 EFB P Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Accordingly, it is hereby ordered that this action is dismissed without prejudice. Dated: March 15, 2011. danger of serious physical injury" but states no facts in support of this bare assertion. Plaintiff cannot avoid paying the filing fee by reciting these words. 2

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