(PC) McCoy v. United States ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD L. MCCOY, No. 1:22-cv-00789-ADA-BAM (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 13 v. FEE AND FAILURE TO OBEY COURT ORDER 14 UNITED STATES, et al., (ECF No. 7) 15 Defendants. 16 17 Plaintiff Reginald L. McCoy is a federal prisoner proceeding pro se in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1346(b). 19 On June 28, 2022, the assigned Magistrate Judge issued findings and recommendations 20 suggesting that Plaintiff’s application to proceed in forma pauperis be denied because: (1) he is 21 subject to the “three strikes” bar under 28 U.S.C. § 1915(g); and (2) the allegations in Plaintiff’s 22 complaint do not satisfy the “imminent danger of serious physical injury” exception to section 23 1915(g). (ECF No. 5.) The Magistrate Judge also recommended that Plaintiff be ordered to pay 24 the required $402.00 filing fee in order to proceed with this action. (Id. at 4.) Plaintiff did not 25 file any objections. On August 2, 2022, the then-assigned District Judge adopted the findings and 26 recommendations in full, ordering Plaintiff to pay the filing fee within twenty-one days of service 27 of the order adopting. (Doc. No. 7.) 28 /// 1 Plaintiff has not paid the filing fee, and the deadline for him to do so has expired. Plaintiff 2 | has not otherwise communicated with the Court. 3 Because Plaintiff has failed to obey the Court’s order and pay the filing fee, this case 4 | cannot proceed. The matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 5 | (9th Cir. 1992). 6 Accordingly, 7 1. This action 1s dismissed, without prejudice, for Plaintiff's failure to comply with 8 the Court’s order to pay the filing fee; and 9 2. The Clerk of Court is directed to terminate all pending motions and deadlines and 10 close this case. 11 12 13 | □□ □□ SO ORDERED. 14 Dated: _ September 29, 2022 5 UNITED f£TATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28