(PC) Hammler v. Cota et al

Filing 60

ORDER signed by District Judge Dale A. Drozd on 10/30/22 DISMISSING action without prejudice due to plaintiff's failure to pay the required filing fee. CASE CLOSED (Benson, A.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALLEN HAMMLER,

12

Plaintiff,

13

v.

14

E. COTA, et al.,

15

No. 2:19-cv-01423-DAD-JDP (PC)

ORDER DISMISSING ACTION DUE TO
PLAINTIFF’S FAILURE TO PAY FILING
FEE
Defendants.

(Doc. No. 59)

16
17

Plaintiff Allen Hammler is a state prisoner proceeding pro se in this civil rights action

18

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

19

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

20

On August 5, 2022, the assigned magistrate judge issued findings and recommendations

21

recommending that defendants’ motion to revoke plaintiff’s in forma pauperis status under 28

22

U.S.C. § 1915(g) be denied because plaintiff had suffered three or more prior strike dismissals

23

and that he be ordered to pay the required $402.00 filing fee in order to proceed with this action.

24

(Doc. No. 57.) On September 6, 2022, the undersigned adopted those findings and

25

recommendations, revoked plaintiff’s in forma pauperis status, and ordered plaintiff to pay the

26

$402 filing fee in full within twenty-one (21) days. (Doc. No. 59.) Plaintiff was cautioned that

27

his failure to comply with that order and pay the required filing fee within the specified time

28

would result in dismissal of this action. (Id. at 2.)
1

1
2

To date, plaintiff has not paid the required filing fee or requested an extension of time to
do so, and the deadline to pay the required filing fee has now passed.

3

Accordingly,

4

1.

5

This action is dismissed without prejudice due to plaintiff’s failure to pay the
required filing fee; and

6

2.

7

IT IS SO ORDERED.

8

Dated:

The Clerk of the Court is directed to close this case.

October 30, 2022
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2