(PC) Favor VEXATIOUS LITIGANT v. Corcoran State Prison ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRANDON ALEXANDER FAVOR, Case No. 1:19-cv-01325-LJO-BAM (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 13 v. FEE AND FAILURE TO OBEY COURT ORDERS 14 CORCORAN STATE PRISON, et al., (ECF Nos. 10, 12) 15 Defendants. 16 17 Plaintiff Brandon Alexander Favor (“Plaintiff”) is a state prisoner proceeding pro se in 18 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on September 19 23, 2019. 20 On September 25, 2019, the assigned Magistrate Judge issued findings and 21 recommendations recommending that Plaintiff’s application to proceed in forma pauperis be 22 denied pursuant to 28 U.S.C. § 1915(g) and that Plaintiff be required to pay the $400.00 filing fee 23 in full to proceed with this action. (ECF No. 7.) Plaintiff filed objections on October 7, 2019. 24 (ECF No. 8.) On October 10, 2019, the undersigned adopted the findings and recommendations 25 in full and ordered Plaintiff to pay the $400.00 filing fee within twenty-one days. (ECF No. 10). 26 In that order, Plaintiff was also warned that if he failed to pay the filing fee within the specified 27 time, the action would be dismissed without further notice. (Id. at 2.) 28 /// 1 On October 21, 2019, Plaintiff filed a motion attempting to pay the filing fee by credit 2 card. (ECF No. 11.) The motion was denied, and Plaintiff was informed that the Court cannot 3 accept credit card payments from pro se parties unless the individual making the payment is 4 physically present at the Clerk’s Office. However, in light of Plaintiff’s good faith attempt to pay 5 the filing fee for this action, the Court extended the deadline twenty-one days to permit Plaintiff 6 to pay the filing fee by an alternative method. (ECF No. 12.) 7 The extended deadline to pay the filing fee has expired, and Plaintiff has failed to comply 8 or otherwise communicate with the Court. 9 Because Plaintiff has failed to obey the Court’s order and pay the appropriate filing fee, 10 this case cannot proceed. This matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 11 1260–61 (9th Cir. 1992). 12 ORDER 13 Based on the foregoing, this action is HEREBY DISMISSED, without prejudice, for 14 Plaintiff’s failure to comply with the Court’s orders of October 10, 2019 and October 24, 2019, 15 (ECF Nos. 10, 12), and his failure to pay the filing fee. The Clerk of the Court is directed to 16 terminate all pending motions and deadlines and close this action. 17 IT IS SO ORDERED. 18 19 Dated: December 2, 2019 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 20 21 22 23 24 25 26 27 28