Cohea v. Ducart et al

Filing 37

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 5/13/2020. (lsS, COURT STAFF) (Filed on 5/13/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANNY JAMES COHEA, J13647,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 18-cv-03349-CRB (PR)
(9th Cir. Case No. 20-15786)
ORDER OF DISMISSAL

C. E. DUCART, et al.,
Defendant(s).
On March 30, 2020, the court granted defendants’ motion to revoke plaintiff’s in forma

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pauperis (IFP) status pursuant to 28 U.S.C. § 1915(g) and gave plaintiff 28 days to pay the

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requisite $400.00 filing fee. The court made clear that “[f]ailure to pay the filing fee within the

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designated time will result in the dismissal of this action without prejudice to bringing it in a new

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paid complaint.” Mar. 30, 2020 Order (ECF No. 32) at 5.

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More than 28 days have passed yet plaintiff has not paid the filing fee or sought an

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extension of time to do so; rather, he opted to file a notice of appeal of the court’s March 30, 2020

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order. See ECF No. 34. The instant action is DISMISSED without prejudice to bringing it in a

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new paid complaint.

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The clerk shall serve a copy of this order on the parties and on the Ninth Circuit.

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IT IS SO ORDERED.

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Dated: May 13, 2020
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CHARLES R. BREYER
United States District Judge