Blackmer v. Six Named Agents of the U.S. Department of Justice

Filing 7

ORDER Dismissing Civil Action for Failing to Pay Filing Fee or Move to Proceed In Forma Pauperis and For Failing to Comply with Court Order. Signed by Judge Michael M. Anello on 6/7/2021. (All non-registered users served via U.S. Mail Service) (tcf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 PAUL BLACKMER, No. 71470, 15 16 ORDER DISMISSING CIVIL ACTION FOR FAILING TO PAY FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS AND FOR FAILING TO COMPLY WITH COURT ORDER Plaintiff, 13 14 Case No. 21cv566-MMA-LL vs. SIX NAMED AGENTS OF THE U.S. DEPARTMENT OF JUSTICE, Defendants. 17 18 19 20 Plaintiff Paul Blackmer, an inmate currently incarcerated at New Hampshire State 21 Prison for Men, and proceeding pro se, filed this civil action on March 22, 2021. See 22 Doc. No. 1. 23 I. 24 Procedural History On April 5, 2021, the Court dismissed this action for failing to pay the filing fee 25 required by 28 U.S.C. § 1914(a) or alternatively, filing a motion to proceed in forma 26 pauperis (“IFP”). See Doc. No. 4. Plaintiff was granted forty-five (45) days leave to 27 prepay the entire $402 civil filing and administrative fee or complete a motion to proceed 28 IFP. Id. at 2. 1 21cv566-MMA-LL 1 Plaintiff had until May 20, 2021 to comply with the Court’s Order. But to date, 2 Plaintiff has not paid the fee or filed a motion to proceed IFP, and has not requested an 3 extension of time in which to do so. 4 II. Conclusion and Order 5 Accordingly, the Court DISMISSES this civil action in its entirety without 6 prejudice based on Plaintiff’s failing to pay the filing fee required by 28 U.S.C. § 1914(a) 7 or alternatively, filing a motion to proceed in compliance with the Court’s April 5, 2021 8 Order. 9 The Court further CERTIFIES that an IFP appeal would not be taken in good faith 10 pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final judgment of 11 dismissal and close the file. 12 13 14 15 IT IS SO ORDERED. DATE: June 7, 2021 ______________________________________ HON. MICHAEL M. ANELLO United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 21cv566-MMA-LL

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