Opinion
2:23-cv-01062-TLN-JDP
09-11-2023
THOMAS JOSEPH MELGER, Plaintiff, v. KAMALA HARRIS, et al., Defendants.
ORDER
TROY L. NUNLEY UNITED STATES DISTRICT JUDGE
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 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. 7. The Court granted Plaintiff thirty days in which to pay the $402 filing fee for this action and warned that failure to timely submit the fee would result in dismissal of this action. 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 this case.