Opinion
2:23-cv-00770-KJM-JDP (PC)
09-25-2023
THOMAS JOSEPH MELGER, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATIONS, Defendant.
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 25, 2023, the court denied plaintiff's application for leave to proceed in forma pauperis because plaintiff is a three-strikers litigant within the meaning of 28 U.S.C. § 1915(g). ECF No. 6. The court directed plaintiff to pay the $402 filing fee for this action within thirty (30) days. Id. Plaintiff has not paid the filing fee, and the allotted time has passed.
Accordingly, it is hereby ORDERED that:
1. This action is dismissed without prejudice for failure to pay the filing fee; and
2. The Clerk of Court is directed to close the case.