(PC) Quair v. Santuro ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID SABINO QUAIR, III, No. 1:20-cv-00395-NONE-BAM (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 13 v. FEE AND FAILURE TO OBEY COURT ORDER 14 SANTURO, et al., (Doc. No. 10) 15 Defendants. 16 17 Plaintiff David Sabino Quair, III is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. 19 On April 6, 2020, plaintiff filed a motion to proceed in forma pauperis under 28 U.S.C. 20 § 1915. (Doc. No. 7.) On April 8, 2020, the assigned magistrate judge issued findings and 21 recommendations recommending that plaintiff’s application to proceed in forma pauperis be 22 denied and that he be required to pay the $400.00 filing fee in full to proceed with this action 23 because he is subject to the three strikes bar under 28 U.S.C. § 1915(g) and the allegations in 24 plaintiff’s complaint do not satisfy the “imminent danger of serious physical injury” exception to 25 § 1915(g). (Doc. No. 9.) Plaintiff did not file objections. On May 11, 2020, the undersigned 26 adopted the findings and recommendations in full and ordered plaintiff to pay the $400.00 filing 27 fee in full within twenty-one (21) days. (Doc. No. 10.) In that order, plaintiff was warned that 28 failure to pay the filing fee within the specified time would result in the dismissal of this action wOAOe UV DPAINE PYVVUEC POIO OYyh 1 | without further notice. (Ud. at 2.) 2 The relevant time period for plaintiff to pay the filing fee has expired, and plaintiff has not 3 | paid the filing fee or otherwise communicated with the court. Because plaintiff has failed to obey 4 | the court’s order and pay the appropriate filing fee, this case cannot proceed. This matter will be 5 || dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992). 6 Accordingly: 7 1. This action is dismissed, without prejudice, for plaintiff's failure to comply with the 8 court’s order of May 11, 2020, (Doc. No. 10), and his failure to pay the filing fee; and 9 2. The Clerk of the Court is directed to terminate all pending motions and deadlines and 10 close this action. 11 b IT IS SO ORDERED. ~ ‘ai 13 Dated: _ July 1, 2020 Aaa Ys 4 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28