(PC) Scott v. Valladalio ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDJUAN C. SCOTT, Case No. 1:20-cv-00705-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 VALLADALIO, et al., (ECF No. 10) 15 Defendants. 16 17 Plaintiff Edjuan C. Scott (“Plaintiff”) is a state prisoner proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. 19 On May 27, 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. 7.) Plaintiff 22 filed a renewed motion to proceed in forma pauperis on May 27, 2020, (ECF No. 8), and 23 objections to the findings and recommendations on June 4, 2020, (ECF No. 9). 24 On October 8, 2020, the undersigned issued an order adopting the findings and 25 recommendations in full and ordering Plaintiff to pay the $400.00 filing fee in full within twenty- 26 one (21) days to proceed with this action. (ECF No. 10). Plaintiff was warned that if he failed to 27 pay the filing fee within the specified time, the action would be dismissed without further notice. 28 (Id. at 2.) 1 The deadline to pay the filing fee has expired, and Plaintiff has failed to pay the filing fee 2 | or otherwise communicate with the Court. Because Plaintiff has failed to obey the Court’s order 3 | and pay the appropriate filing fee, this case cannot proceed. This matter will be dismissed. See 4 | 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 October 8, 2020, (ECF No. 10), and his 9 | 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