Allen v. Wells, et al.

Filing 13

ORDER signed by District Judge Morrison C. England, Jr on 12/30/2018 ORDERING that this action is DISMISSED, and the Clerk of the Court is DIRECTED to close this case. (Washington, S)

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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 MICHAEL DEWAYNE ALLEN, 12 Plaintiff, 13 14 No. 2:17-cv-01793-MCE-EFB P v. ORDER WELLS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 26, 2018, the Court denied plaintiff’s application to proceed in forma 21 pauperis because plaintiff is a three-strikes litigant within the meaning of 28 U.S.C. § 1915(g) and 22 granted plaintiff twenty-one days within which to pay the $400 filing fee for this action. ECF No. 23 12. Plaintiff was warned that failure to pay the filing fee within twenty-one days would result in 24 dismissal of this action. Id. Plaintiff has not paid the filing fee or otherwise responded to the 25 Court’s order. 26 /// 27 /// 28 1 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED, and the Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: December 30, 2018 5 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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