Bontemps v. Arya et al

Filing 8

ORDER signed by Magistrate Judge Deborah Barnes on 8/1/2017 ORDERING case dismissed without prejudice. CASE CLOSED. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GREGORY C. BONTEMPS,

12

Plaintiff,

13
14

No. 2:17-cv-0993 DB P

v.

ORDER

ARYA, 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. Plaintiff has consented to the jurisdiction of a magistrate judge. (ECF No. 3.) In an order

19

filed June 16, 2017, the court held that plaintiff has accrued three strikes under 28 U.S.C. §

20

1915(g). (ECF No. 4.) In an order filed July 6, 2017, the court held that plaintiff does not fall

21

within the imminent danger exception to the three strikes rule and may not proceed in forma

22

pauperis in this case. (ECF No. 7.) The court ordered plaintiff to pay the filing fee within

23

fourteen days and warned that his failure to do so would result in dismissal of this action without

24

prejudice.

25

////

26

////

27

////

28

////
1

1

The fourteen day period has passed and plaintiff has not paid the filing fee. Accordingly,

2

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

3

Fed. R. Civ. P. 41(b).

4

Dated: August 1, 2017

5
6
7
8
9
10

DLB:9
DLB1/prisoner-civil rights/bont0993.fta

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2