Hearne v. Baughman et al

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 1/3/2017 DISMISSING this action without prejudice. CASE CLOSED.(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHNNY HEARNE,

12

No. 2:16-cv-1996 DB P

Plaintiff,

13

v.

ORDER

14

DAVID BAUGHMAN, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C.

17
18

§1983. In an order filed October 12, 2016, plaintiff was informed that he must pay the filing fee

19

for this action or file a properly completed application to proceed in forma pauperis. (ECF No.

20

5.) Plaintiff was told that his failure to pay the fee or file the application within thirty days would

21

result in dismissal of this action without prejudice. Plaintiff failed to respond in any way to the

22

October 12 order.
In an order filed November 23, 2016, plaintiff was ordered to show cause why this case

23
24

should not be dismissed for his failure to comply with the October 12 order. (ECF No. 6.)

25

Plaintiff was informed that his failure to show cause within twenty days would result in dismissal

26

of this case without prejudice.

27

////

28

////
1

1

Plaintiff has failed to pay the filing fee, file an application to proceed in forma pauperis, or

2

otherwise respond to the court’s October 12 and November 23, 2016 orders. Accordingly, IT IS

3

HEREBY ORDERED that this action is dismissed without prejudice. See Fed. R. Civ. P. 41(b);

4

E.D. Cal. R. 110.

5

Dated: January 3, 2017

6
7
8
9
10
11
12
13

DLB:9
DLB1/prisoner-civil rights/hear1996.final

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2