McElroy v. Warden et al

Filing 20

ORDER signed by District Judge Morrison C. England, Jr., on 3/13/18, ORDERING that this action is DISMISSED without prejudice. CASE CLOSED (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 LATWAHN McELROY, AKA E. J. McELROY, Plaintiff, 13 v. 14 15 No. 2:17-cv-1042 MCE AC P ORDER C.H.C.F. WARDEN, et al., Defendants. 16 17 18 19 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 20 under 42 U.S.C. § 1983. On February 14, 2018, the undersigned denied plaintiff’s application for 21 leave to proceed in forma pauperis under 28 U.S.C. § 1915(g) (“three strikes” rule), and directed 22 plaintiff to submit the full filing fee ($400.00) within fourteen (14) days. See ECF No. 19. 23 Plaintiff was informed that failure to timely submit the filing fee would result in the dismissal of 24 this action without prejudice and without further notice to the parties. Id. at 2. 25 /// 26 /// 27 /// 28 1 1 The time for submitting the filing fee has expired and plaintiff has neither submitted the 2 fee nor otherwise communicated with the court. Accordingly, IT IS HEREBY ORDERED that 3 this action is dismissed without prejudice. 4 5 IT IS SO ORDERED. Dated: March 13, 2018 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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