(PC) Neale v. Sherman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH NEALE, JR., Case No. 1:20-cv-01079-AWI-BAM (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 13 v. FEE AND FAILURE TO OBEY COURT ORDER 14 SHERMAN, et al., (ECF No. 7) 15 Defendants. 16 17 Plaintiff Joseph Neale, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. 19 On August 6, 2020, the assigned Magistrate Judge issued findings and recommendations 20 recommending that Plaintiff’s application to proceed in forma pauperis be denied and that he be 21 required to pay the $400.00 filing fee in full to proceed with this action. (ECF No. 6.) No 22 objections were filed. 23 On September 9, 2020, the undersigned issued an order adopting the findings and 24 recommendations in full and ordering Plaintiff to pay the $400.00 filing fee in full within twenty- 25 one (21) days to proceed with this action. (ECF No. 7). Plaintiff was warned that if he failed to 26 pay the filing fee within the specified time, the action would be dismissed without further notice. 27 (Id. at 2.) 28 /// 1 The deadline to pay the filing fee has expired, and Plaintiff has failed to pay the filing fee 2 | or otherwise indicate his willingness to comply with the Court’s order. Because Plaintiff has 3 || failed to obey the Court’s order and pay the appropriate filing fee, this case cannot proceed. This 4 | matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992). 5 6 ORDER 7 Accordingly, IT IS HEREBY ORDERED that this action is dismissed, without prejudice, 8 | for Plaintiffs failure to comply with the Court’s order of September 9, 2020, (ECF No. 7), and 9 | his failure to pay the filing fee. 10 IT IS SO ORDERED. 12 | Dated: _Devember 3, 2020_ _ i hha — SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28