Opinion
2:22-cv-01360-TLN-AC
01-02-2023
VERNON WAYNE NEAL, Plaintiff, v. B. EVERT, et al., Defendants.
ORDER
TROY L. NUNLEY, DISTRICT JUDGE
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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 31, 2022, the findings and recommendations issued by the magistrate judge assigned to this action were adopted in their entirety. (ECF No. 9.) As a result, Plaintiff was ordered to pay the filing fees of $402.00 in full prior to proceeding any further with this matter,and he was given thirty days to do so. (Id. at 2.) At that time, Plaintiff was informed that a failure to do so would result in the dismissal of this case. (Id.)
Plaintiff has been determined to be a three strikes litigant within the meaning of 28 U.S.C. § 1915(g). (See ECF Nos. 7, 9.)
More than thirty days have passed, and there is no indication on the Court's docket that Plaintiff has paid the filing fees. Therefore, this matter will be dismissed.
Accordingly, IT IS HEREBY ORDERED that this matter is DISMISSED without prejudice for failure to pay the filing fees. See 28 U.S.C. § 1915(g).