(PC)Garza v. Cates ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL GARZA, Case No. 1:19-cv-01274-LJO-BAM (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 13 v. FEE AND FAILURE TO OBEY COURT ORDER 14 CATES, et al., (ECF No. 9) 15 Defendants. 16 17 Plaintiff Raul Garza (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on September 12, 2019. 19 On September 17, 2019, the assigned Magistrate Judge issued findings and 20 recommendations recommending that Plaintiff’s application to proceed in forma pauperis be 21 denied pursuant to 28 U.S.C. § 1915(g) and that Plaintiff be required to pay the $400.00 filing fee 22 in full to proceed with this action. (ECF No. 8.) Those findings and recommendations were 23 served on Plaintiff and contained notice that any objections thereto were to be filed within 24 fourteen (14) days after service. (Id. at 2–3.) No objections were filed. 25 On October 15, 2019, the undersigned issued an order adopting the findings and 26 recommendations and ordering Plaintiff to pay the $400.00 filing fee in full within twenty-one 27 (21) days. (ECF No. 9). In that order, Plaintiff was also warned that if he failed to pay the filing 28 fee within the specified time, the action would be dismissed without further notice. (Id. at 2.) 1 The deadline to pay the filing fee has expired, and Plaintiff has failed to comply or otherwise 2 communicate with the Court. 3 Because Plaintiff has failed to obey the Court’s order and pay the appropriate filing fee, 4 this case cannot proceed. This matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 5 1260–61 (9th Cir. 1992). 6 ORDER 7 Based on the foregoing, this action is HEREBY DISMISSED, without prejudice, for 8 Plaintiff’s failure to comply with the Court’s order of October 15, 2019, (ECF No. 9), and his 9 failure to pay the filing fee. The Clerk of the Court is directed to terminate all pending motions 10 and deadlines and close this action. 11 IT IS SO ORDERED. 12 13 Dated: November 18, 2019 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28