Hollis v. Sahota et al

Filing 42

ORDER signed by District Judge John A. Mendez on 5/20/2021 ORDERING this action is DISMISSED. CASE CLOSED. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN GLENN HOLLIS, 12 13 14 15 No. 2:13-cv-01841-JAM-JDP (PC) Plaintiff, v. ORDER P. SAHOTA, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 9, 2020, the Court denied plaintiff’s application for leave to proceed in 21 forma pauperis because plaintiff is a three-strikers litigant within the meaning of 28 U.S.C. § 22 1915(g). ECF No. 13. Plaintiff was granted fourteen days in which to pay the $400 filing fee for 23 this action and warned that failure to timely submit the fee would result in dismissal of this 24 action. Id. On October 14, 2020, after plaintiff failed to timely pay the filing fee, the Court 25 dismissed this action and entered judgment accordingly. ECF Nos. 35 & 36. Shortly thereafter, 26 plaintiff filed a motion for reconsideration of the order dismissing the case and a request for an 27 extension of time to pay the filing fee. ECF Nos. 37 & 38. Those motions were granted, the case 28 was reopened, and plaintiff was granted 75 days in which to pay the required filing fee. ECF No. 1 1 39. Plaintiff subsequently filed a motion for a 60-day extension of time to submit the required 2 filing fee. ECF No. 40. The assigned magistrate granted that motion and directed plaintiff to 3 submit the $400 filing by April 23, 2021. 4 5 The allotted time has passed, and plaintiff has not paid the filing fee. Accordingly, it is hereby ORDERED that this action is dismissed. 6 7 8 9 DATED: May 20, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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