(PC)Harris v. Phillips ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN HARRIS, No. 1:23-cv-01140-JLT-BAM (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 13 v. FEE AND FAILURE TO OBEY COURT ORDER 14 PHILLIPS, (Doc. 10) 15 Defendant. 16 17 Plaintiff Marvin Harris is a state prisoner proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. 19 On August 3, 2023, 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 filing fee in full to proceed with this 22 action. (Doc. 7.) Plaintiff filed objections on August 16, 2023. (Doc. 9.) 23 On August 21, 2023, 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. (Doc. 10.) In that order, plaintiff was also warned that if he failed to pay the filing 26 fee within the specified time, this action would be dismissed without further notice. (Id. at 2.) 27 Plaintiff has not paid the filing fee, and the deadline for him to do so has expired. 28 /// 1 Because Plaintiff has failed to obey the court’s order and pay the appropriate filing fee, 2 | this case cannot proceed. This matter will be dismissed. See Ferdik v. Bonzelet, 963 F.2d 1258, 3 | 1260-61 (9th Cir. 1992). 4 Based on the foregoing, the Court ORDERS: 5 1. This action is DISMISSED, without prejudice, for Plaintiff's failure to comply with the 6 Court’s order and his failure to pay the filing fee. 7 2. The Clerk of the Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ September 28, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28