(PC) Driver v. KVSP ADA 1824 Panel(s) ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY DRIVER, Jr., No. 1:20-cv-00146-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 KVSP ADA #1824 PANEL(S), et al., (Doc. No. 9) 15 Defendants. 16 17 Plaintiff Billy Driver, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on January 29, 2020. 19 On February 3, 2020, the assigned Magistrate Judge issued findings and recommendations 20 recommending that plaintiff’s application to proceed in forma pauperis be denied pursuant to 28 21 U.S.C. § 1915(g) and that plaintiff be required to pay the $400.00 filing fee in full to proceed with 22 this action. (Doc. No. 7.) Plaintiff filed objections on February 14, 2020. (Doc. No. 8.) On 23 February 19, 2020, the undersigned adopted the findings and recommendations in full and 24 ordered plaintiff to pay the $400.00 filing fee within twenty-one days. (Doc. No. 9). In that 25 order, plaintiff was also warned that if he failed to pay the filing fee within the specified time, the 26 action would be dismissed. (Id. at 2.) 27 Pursuant to plaintiff’s notices of change of address filed February 28, 2020, (Doc. Nos. 28 13, 14), the court re-served the order adopting the findings and recommendations on March 2, wOASe □□ □□ ET MARE RAINE VUE I a ee OY ev 1 | 2020. The deadline for plaintiff to pay the filing fee was thus extended to March 26, 2020. 2 The extended deadline to pay the filing fee has expired, and plaintiff has failed to comply 3 | with the court’s order. Meanwhile, Plaintiff has filed numerous frivolous motions, (Doc. Nos. 10, 4 | 12, 16, 18), none of which indicate that he intends to pay the filing fee as required to proceed with 5 || this action. 6 Because plaintiff has failed to obey the court’s order to pay the appropriate filing fee, this 7 | case cannot proceed. This matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 8 | 1260-61 (9th Cir. 1992). 9 ORDER 10 Based on the foregoing, this action is HEREBY DISMISSED, without prejudice, for 11 | Plaintiffs failure to comply with the Court’s order of February 19, 2020, (Doc. No. 9), and his 12 | failure to pay the filing fee. The Clerk of the Court is directed to terminate all pending motions 13 || and deadlines and close this action. 14 15 IT IS SO ORDERED. ~ ‘ae 16 Dated: _ April 14, 2020 Aaa Ys 4 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28