(PC) Paul Adams v. Newsome ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL ADAMS, No. 1:19-cv-01109-NONE-BAM (PC) 12 Plaintiff, 13 v. ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 14 NEWSOME, et al., FEE AND FAILURE TO OBEY COURT ORDER 15 Defendants. (Doc. No. 22) 16 17 Plaintiff Paul Adams is a state prisoner proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 2, 2019.1 19 On September 13, 2019, the assigned magistrate judge issued findings and 20 recommendations recommending that plaintiff’s application to proceed in forma pauperis be 21 denied and that he be required to pay the filing fee in full to proceed with this action. (Doc. No. 22 9.) Plaintiff filed objections on September 30, 2019, (Doc. No. 10), and on a demand for 23 “judgment” regarding the pending findings and recommendations on February 21, 2020, (Doc. 24 No. 18). On February 23, 2021, the undersigned issued an order adopting the findings and 25 recommendations in full and ordering plaintiff to pay the $402.00 filing fee in full within twenty- 26 27 1 The action was originally filed as a joint complaint with two pro se plaintiffs. See Case No. 1:19-cv-01065-NONE-BAM (PC) (E.D. Cal.). On August 14, 2019, the court ordered 28 plaintiff’s claims severed and opened as a new civil action. (Doc. No. 2.) 1 one (21) days. (Doc. No. 22.) In that order, plaintiff was warned that failure to pay the filing fee 2 || within the specified time would result in dismissal of this action. (/d. at 3.) 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 Based on the foregoing, this action is dismissed, without prejudice, for plaintiffs failure 7 || to comply with the court’s order of February 23, 2021, (Doc. No. 22), and his failure to pay the 8 | filing fee. 9 10 IT IS SO ORDERED. ~ 4 | Dated: _Mareh 24, 2021 LL 1 Yrod UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28