Bontemps v. Lebeck

Filing 6

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

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,

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Plaintiff,

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No. 2:17-cv-1190 DB P

v.

ORDER

J. LEBECK,

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Defendant.

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

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§1983. Plaintiff has consented to the jurisdiction of a magistrate judge. (ECF No. 5.) In an

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

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§1915(g) and does not meet the exception for imminent danger. (ECF No. 4.) Therefore, under

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the three strikes rule, plaintiff may not proceed in forma pauperis in this case. The court ordered

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plaintiff to pay the filing fee within thirty days and warned that his failure to do so would result in

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dismissal of this action without prejudice.

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

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

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R. Civ. P. 41(b).

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Dated: August 1, 2017

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DLB:9
DLB1/prisoner-civil rights/bont1190.fta

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