Clation v. Kern Cnty. Superior Court

Full title: TYRONE L. CLATION, Plaintiff, v. KERN COUNTY SUPERIOR COURT, Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jan 3, 2013

CASE NO. 1:12-cv-01731-LJO-SKO PC (E.D. Cal. Jan. 3, 2013)

Opinion

CASE NO. 1:12-cv-01731-LJO-SKO PC

01-03-2013

TYRONE L. CLATION, Plaintiff, v. KERN COUNTY SUPERIOR COURT, Defendant.

Lawrence J. O'Neill

ORDER DISMISSING ACTION WITHOUT

PREJUDICE FOR FAILURE TO EITHER PAY

FILING FEE OR FILE APPLICATION TO

PROCEED IN FORMA PAUPERIS

(Doc. 3)

Plaintiff, proceeding pro se, filed this civil rights action on October 15, 2012. Plaintiff did not pay the $350.00 filing fee in full or file an application to proceed in forma pauperis, and on October 24, 2012, the Court ordered Plaintiff to do so within forty-five days. More than forty-five days have passed and Plaintiff has not complied with or otherwise responded to the Court's order. Plaintiff was warned that dismissal would occur if he failed to obey the order.

A civil action may not proceed absent the submission of either the filing fee or an application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted neither and has not responded to the Court's order to do so, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110.

Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for failure to pay the filing fee or file an application to proceed in forma pauperis. IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE