Lamon v. Amrhein, et al.
Filing
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ORDER DISMISSING ACTION without Prejudice for Failure to Either Pay Filing Fee or File Application to Proceed In Forma Pauperis; ORDER for Clerk to Close Case signed by Magistrate Judge Gary S. Austin on 06/17/2011. CASE CLOSED.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BARRY LOUIS LAMON,
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1:11-cv-00615-GSA-PC
Plaintiff,
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO EITHER PAY
FILING FEE OR FILE APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. 3.)
v.
B. AMRHEIN, et al.,
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Defendants.
ORDER FOR CLERK TO CLOSE CASE
/
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Plaintiff, proceeding pro se, filed this civil rights action on April 18, 2011. (Doc. 1.) On
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June 14, 2011, Plaintiff consented to the jurisdiction of the Magistrate Judge, and no other parties
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have appeared in this action. (Doc. 7.) On June 16, 2011, this case was reassigned to the
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undersigned for all further proceedings. (Doc. 8.)
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On April 20, 2011, the Court ordered Plaintiff to pay the $350.00 filing fee in full or file an
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application to proceed in forma pauperis, within forty-five days. (Doc. 3.) More than forty-five days
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have passed and Plaintiff has not complied with or otherwise responded to the Court’s order.
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Plaintiff was warned that dismissal would occur if he failed to obey the order.
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A civil action may not proceed absent the submission of either the filing fee or an application
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to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted neither and
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has not responded to the Court’s order to do so, dismissal of this action is appropriate. In re
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Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);
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Local Rule 110.
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Accordingly, the Court HEREBY ORDERS that:
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1.
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This action dismissed, without prejudice, for failure to pay the filing fee or file an
application to proceed in forma pauperis; and
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2.
The Clerk is directed to close this case.
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IT IS SO ORDERED.
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Dated:
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June 17, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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