Langston v. California Department of Corrections et al

Filing 42

ORDER signed by District Judge Garland E. Burrell, Jr. on 1/24/2017 ORDERING that this action is DISMISSED WITHOUT PREJUDICE. CASE CLOSED. (Jackson, T)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 WALTER LANGSTON, 8 9 10 11 No. 2:15-cv-1437 GEB KJN P Plaintiff, v. ORDER SERGEANT SHARMA, Defendants. 12 13 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 14 under 42 U.S.C. § 1983. On November 16, 2016, the magistrate judge recommended that 15 plaintiff’s in forma pauperis status be revoked, and plaintiff be required to pay the court’s filing 16 fee. (ECF No. 38.) Plaintiff was cautioned that failure to pay the filing fee would result in the 17 dismissal of this action. (ECF No. 38 at 7.) On December 14, 2016, the undersigned adopted the 18 findings and recommendations; plaintiff’s in forma pauperis status was revoked, and he was 19 ordered to pay the $400.00 filing fee within thirty days. Thirty days have now passed, and 20 plaintiff has not paid the filing fee or otherwise responded to the court’s order. 21 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. 22 Fed. R. Civ. P. 41(b). 23 Dated: January 24, 2017 24 25 26 27 28 1

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