Holgerson v. Lizarraga et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/22/14 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW FORREY HOLGERSON,

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Plaintiff,

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No. 2:14-cv-1767-EFB P

v.

ORDER

JOE A. LIZARRAGA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).
On August 4, 2014, the court found that plaintiff had failed to pay the $400 filing fee

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required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the

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affidavit and trust account statement required by 28 U.S.C. § 1915(a). Accordingly, the court

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ordered plaintiff to submit either the filing fee or the application required by § 1915(a) within

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thirty days and warned him that failure to do so may result in this action being dismissed.
The 30-day period has expired and plaintiff has not paid the filing fee, filed a completed in

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forma pauperis affidavit or otherwise responded to the court’s order.

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Accordingly, this action is dismissed without prejudice.
Dated: September 22, 2014.

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