(PC) Butler v. Gonzales-Moran ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ANTHONY BUTLER, Case No. 1:21-cv-01524-AWI-BAM (PC) 11 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 12 v. FEE AND FAILURE TO OBEY COURT ORDER 13 GONZALEZ-MORAN, (ECF No. 10) 14 Defendant. 15 16 Plaintiff Anthony Butler (“Plaintiff”) is a state prisoner proceeding pro se in this civil 17 rights action pursuant to 42 U.S.C. § 1983. 18 On October 20, 2021, the assigned Magistrate Judge issued findings and recommendations 19 recommending that Plaintiff’s application to proceed in forma pauperis be denied and that he be 20 required to pay the $402.00 filing fee in full to proceed with this action. (ECF No. 8.) Those 21 findings and recommendations were served on Plaintiff on November 22, 2021. No objections 22 were filed. 23 On January 3, 2022, the undersigned issued an order adopting the findings and 24 recommendations in full and ordering Plaintiff to pay the $402.00 filing fee in full within twenty- 25 one (21) days to proceed with this action. (ECF No. 10.) Plaintiff was warned that if he failed to 26 pay the filing fee within the specified time, the action would be dismissed without further notice. 27 (Id. at 2.) 28 The deadline to pay the filing fee has expired, and Plaintiff has failed to pay the filing fee 1 | or otherwise indicate his willingness to comply with the Court’s order. Because Plaintiff has 2 | failed to obey the Court’s order and pay the appropriate filing fee, this case cannot proceed. This 3 | matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992). 4 Accordingly, IT IS HEREBY ORDERED as follows: 5 1. This action is dismissed, without prejudice, for Plaintiff's failure to comply with the 6 Court’s order of January 3, 2022, (ECF No. 10), and his failure to pay the filing fee; and 7 2. The Clerk of the Court is directed to close this action. 8 9 IT IS SO ORDERED. 19 | Dated: _ February 28, 2022 — 7 : 7 Cb bod — SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28