(PC) Lewis v. Phillip ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DIXON LEWIS, Case No.: 1:23-cv-01715-JLT-CDB (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT 13 v. PREJUDICE FOR PLAINTIFF’S FAILURE TO PAY FILING FEE 14 B. PHILLIP, et al., 15 Defendants. 16 17 Plaintiff Paul Dixon Lewis is proceeding pro se in this civil rights action pursuant to 42 18 U.S.C. § 1983. On December 22, 2023, the assigned magistrate judge issued findings and 19 recommendations to deny Plaintiff’s motion to proceed in forma pauperis, because Plaintiff has 20 accrued three or more strikes under 28 U.S.C. § 1915 and failed to show he was in imminent 21 danger of serious physical injury. (Doc. 8.) Plaintiff did not file any objections and the time to do 22 so expired. On January 19, 2024, the Court adopted the findings and recommendations and denied 23 Plaintiff’s application to proceed in forma pauperis. (Doc. 9.) Plaintiff was ordered to pay the 24 $405 filing fee within 21 days of the date of service of the order. (Id. at 2.) The Court cautioned 25 Plaintiff that “failure to comply with this order will result in dismissal of this action.” (Id.) 26 Despite the passage of more than 21 days, Plaintiff has failed to pay the required $405 27 filing fee for this action. As the Court cautioned Plaintiff in its earlier order (Doc. 9 at 2), failure of a party to comply with the Court’s orders may be grounds for imposition of sanctions, 1 | including dismissal. E.D. Cal. Local Rule 110. The Court has considered the factors outlined in 2 | Henderson vy. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986), and finds that this action should be 3 | dismissed as it cannot simply remain idle in the Court’s docket, unprosecuted, awaiting □□□□□□□□□□□ 4 | compliance. 5 Accordingly, IT IS ORDERED that this action be DISMISSED without prejudice for 6 | Plaintiff's failure to pay the required filing fee. 7 The Clerk of the Court is DIRECTED to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ February 22, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28