Hendon v. California Medical Facility et al

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 9/7/2017 DISMISSING this case 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

CARLOS HENDON,

12

Plaintiff,

13
14
15

No. 2:17-cv-0171 DB P

v.

ORDER

CALIFORNIA MEDICAL FACILITY, et
al.,
Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

18
19

action under 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a magistrate judge.

20

(ECF No. 4.) In an order filed July 24, 2017, the court held that plaintiff has accrued three strikes

21

under 28 U.S.C. § 1915(g) and that plaintiff fails to meet the imminent danger exception to §

22

1915(g). (ECF No. 6.) The court ordered plaintiff to pay the filing fee within thirty days and

23

warned that his failure to do so would result in dismissal of this action.

24

////

25

////

26

////

27

////

28

////
1

1

The thirty-day period has passed and plaintiff has not paid the filing fee. Accordingly, IT

2

IS HEREBY ORDERED that this case is dismissed without prejudice. See E.D. Cal. R. 110; Fed.

3

R. Civ. P. 41(b).

4

Dated: September 7, 2017

5
6
7
8
9
10
11
12

DLB:9
DLB1/prisoner-civil rights/hend0171.final or

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2