Mester v. Malakkla et al

Filing 62

ORDER signed by District Judge John A. Mendez on 1/15/2020 DISMISSING CASE without prejudice. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORRIS MESTER,

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Plaintiff,

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No. 2:17-cv-1781 JAM AC P

v.

ORDER

N. MALAKKLA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 21, 2019, this court adopted the findings and recommendations of the

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magistrate judge assigned to this matter. ECF No. 60. At that time, plaintiff was declared a

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three-strikes litigant within the meaning of 28 U.S.C. § 1915(g), and his in forma pauperis status

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was revoked. See ECF No. 60 at 2. As a result, plaintiff was ordered to pay the filing fees within

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thirty days of the date of that order prior to proceeding any further with this action. See id. In

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addition, he was warned that failure to pay the fee within the period would result in a dismissal of

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this case. More than thirty days have passed, and plaintiff has not paid the filing fee.

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Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without
prejudice.

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DATED: January 15, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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