Malone v. Beard et al

Filing 45

ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2018 ORDERING within 21 days, plaintiff shall submit the $400.00 filing fee. If plaintiff fails to do so, this court will recommend dismissal of this action.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAWN MALONE,

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Plaintiff,

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No. 2:14-cv-2096 TLN DB P

v.

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C.

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§1983. On March 1, 2016, the previously assigned magistrate judge granted defendants’ motion

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to revoke plaintiff’s in forma pauperis status. (ECF No. 28.) On April 14, 2016, plaintiff filed a

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motion for reconsideration of that order. (ECF No. 29.) On January 26, 2017, the previously

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assigned district judge denied reconsideration, affirmed the March 1, 2016 order, and ordered

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plaintiff to pay the filing fee. (ECF No. 37.) Plaintiff was cautioned that his failure to pay the fee

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would result in dismissal of this action.
Plaintiff then filed an appeal. (See ECF No. 38.) On February 22, 2018, the Ninth Circuit

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Court of Appeals dismissed the appeal for lack of jurisdiction. (ECF No. 44.)

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this

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order, plaintiff shall submit the $400.00 filing fee. If plaintiff fails to do so, this court will

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recommend dismissal of this action.

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Dated: February 27, 2018

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DLB:9
DB/orders/prisoner-civil rights/Malo2096.pay fee

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