Sierra v. Director of CDCR et al

Filing 83

ORDER signed by Magistrate Judge Kendall J. Newman on 03/29/21 ORDERING plaintiff is granted twenty-one days from the date of this order to pay the $400 filing fee. The Clerk of the Court is directed to serve this order on plaintiffs address of record and at the following address: 2300 Griffith Avenue, Los Angeles, California, 90011-1602.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ALAN SIERRA,

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No. 2: 16-cv-1067 MCE KJN P

Plaintiff,
v.

ORDER

DIRECTOR OF DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. For

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the reasons stated herein, plaintiff is ordered to pay the filing fee within twenty-one days of the

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date of this order.

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On May 5, 2017, the court denied plaintiff’s application to proceed in forma pauperis, and

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ordered plaintiff to pay the filing fee within thirty days. (ECF No. 64.) Plaintiff appealed the

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May 5, 2017 order to the Ninth Circuit Court of Appeals. (ECF No. 65.) On April 4, 2018, the

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Ninth Circuit dismissed plaintiff’s appeal for failure to prosecute. (ECF No. 76.)

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On April 11, 2018, the undersigned ordered plaintiff to pay the filing fee within thirty

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days. (ECF No. 77.) Thirty days passed and plaintiff did not pay the filing fee. Accordingly, on

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May 17, 2018, the undersigned recommended that this action be dismissed. (ECF No. 78.)

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On April 17, 2018, the Ninth Circuit vacated its April 4, 2018 order and reopened
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plaintiff’s appeal of the May 5, 2017 order. (ECF No. 80.) This order was docketed in this court

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on June 20, 2018. (Id.) On July 25, 2018, the undersigned vacated the May 17, 2018 findings

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and recommendations. (ECF No. 81.)

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On March 5, 2021, the Ninth Circuit dismissed plaintiff’s appeal of the May 5, 2017 order

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for failure to prosecute. (ECF No. 82.) Good cause appearing, the undersigned grants plaintiff a

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final opportunity to pay the $400 filing fee. Failure to pay the filing fee will result in a

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recommendation of this action. The undersigned also directs the Clerk of the Court to serve this

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order on plaintiff’s address reflected in the Ninth Circuit’s March 5, 2021 order.

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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff is granted twenty-one days from the date of this order to pay the $400 filing

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fee; failure to pay the filing fee within that time will result in a recommendation of

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dismissal of this action;

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2. The Clerk of the Court is directed to serve this order on plaintiff’s address of record

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and at the following address: 2300 Griffith Avenue, Los Angeles, California, 90011-

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1602.

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Dated: March 29, 2021

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Sierra1067.ord.kc

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