Opinion
2:18-cv-2998 KJM AC P
08-20-2021
VERNON WAYNE MCNEAL, Plaintiff, v. ROBERTS, et al., Defendants.
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 9, 2021, this court adopted the findings and recommendations issued by the magistrate judge assigned to this action. ECF No. 11. As a result, the court declared plaintiff a three-strikes litigant within the meaning of 28 U.S.C. § 1915(g), and ordered him to pay the filing fee within thirty days prior to proceeding any further with this action. See ECF No. 11 at 2. At that time, the court warned plaintiff that his failure to pay the fee within the allotted time would result in a dismissal of this action. See Id. More than thirty days have passed, and plaintiff has not paid the filing fee, nor has he responded to the court's order in any way.
Accordingly, IT IS HEREBY ORDERED that:
1. This action is DISMISSED due to plaintiff s failure to pay the filing fee pursuant to 28 U.S.C. § 1915(g), and
2. This case is CLOSED.