(PC) Banks v. Attinello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBBIE BANKS, No. 1:23-cv-00112-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 VALERIE ATTINELLO, (ECF No. 9) 15 Defendant. 16 17 Plaintiff Robbie Banks (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. 19 On March 27, 2023, the Court adopted the Magistrate Judge’s findings and 20 recommendations that Plaintiff’s application to proceed in forma pauperis be denied and ordered 21 Plaintiff to pay the filing fee within twenty-one days after service to proceed with this action. (ECF 22 No. 9 at 2.) Plaintiff has not paid the filing fee, and the deadline for her to do so has expired. 23 Plaintiff has not otherwise communicated with the Court regarding payment of the filing fee. 24 Because Plaintiff has failed to obey the Court’s order and pay the appropriate filing fee, this 25 case cannot proceed and will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th 26 Cir. 1992). 27 /// 28 /// 1 Accordingly, 2 1. This action is dismissed, without prejudice, for Plaintiff's failure to comply with the Court’s 3 order and her failure to pay the filing fee; and 4 2. The Clerk of the Court is directed to close this case. 5 6 7 | ITISSO ORDERED. 8 Dated: _ June 30, 2023 9 UNITED f£TATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28