(PC) Johnson v. Pickering ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEDRIC EUGENE JOHNSON, No. 1:20-cv-00039-DAD-BAM (PC) 12 Plaintiff, 13 v. ORDER DISMISSING ACTION DUE TO PLAINTIFF’S FAILURE TO PAY THE 14 S. PICKERING, Accounting Specialist at REQUIRED FILING FEE AND FAILURE TO KVSP; et al., OBEY COURT ORDER 15 Defendants. (Doc. No. 12) 16 17 18 Plaintiff Sedric Eugene Johnson is a state prisoner proceeding pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 16, 2020, the court adopted the assigned magistrate judge’s findings and 22 recommendations and denied plaintiff’s application to proceed in forma pauperis. (Doc. Nos. 7, 23 12.) The court directed plaintiff to pay the $400.00 filing fee within twenty-one days if he wished 24 to proceed with this action and warned him that failure to pay the filing fee within the specified 25 time would result in dismissal of this action. (Doc. No. 12.) 26 Although plaintiff’s deadline to pay the filing fee was extended to April 13, 2020 due to 27 plaintiff’s change of his address of record, (see Doc. No. 13), that deadline elapsed, and plaintiff 28 has still not paid the required filing fee. As a result, this action cannot proceed and must be MEARE RAINE DYMO POR OPEN PAYS ev 1 | dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992), 2 Accordingly: 3 1. This action is dismissed without prejudice due to plaintiff's failure to pay the 4 required filing fee and failure to obey court order; and 5 2. The Clerk of the Court is directed to close this action. 6 | IT IS SO ORDERED. a 7 /}/ fP A; Dated: _ May 7, 2020 wea rE 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28