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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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PAUL BLACKMER,
No. 71470,

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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,

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Case No. 21cv566-MMA-LL

vs.
SIX NAMED AGENTS OF THE U.S.
DEPARTMENT OF JUSTICE,
Defendants.

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Plaintiff Paul Blackmer, an inmate currently incarcerated at New Hampshire State

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Prison for Men, and proceeding pro se, filed this civil action on March 22, 2021. See

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Doc. No. 1.

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I.

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Procedural History
On April 5, 2021, the Court dismissed this action for failing to pay the filing fee

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required by 28 U.S.C. § 1914(a) or alternatively, filing a motion to proceed in forma

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pauperis (“IFP”). See Doc. No. 4. Plaintiff was granted forty-five (45) days leave to

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prepay the entire $402 civil filing and administrative fee or complete a motion to proceed

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IFP. Id. at 2.
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21cv566-MMA-LL

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Plaintiff had until May 20, 2021 to comply with the Court’s Order. But to date,

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Plaintiff has not paid the fee or filed a motion to proceed IFP, and has not requested an

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extension of time in which to do so.

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II.

Conclusion and Order

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Accordingly, the Court DISMISSES this civil action in its entirety without

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prejudice based on Plaintiff’s failing to pay the filing fee required by 28 U.S.C. § 1914(a)

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or alternatively, filing a motion to proceed in compliance with the Court’s April 5, 2021

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Order.

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The Court further CERTIFIES that an IFP appeal would not be taken in good faith

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pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final judgment of

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dismissal and close the file.

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IT IS SO ORDERED.
DATE: June 7, 2021

______________________________________
HON. MICHAEL M. ANELLO
United States District Judge

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21cv566-MMA-LL