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Ray v. Sullivan

United States District Court, Eastern District of California
Oct 24, 2022
1:20-cv-01699-NE-HBK (PC) (E.D. Cal. Oct. 24, 2022)

Opinion

1:20-cv-01699-NE-HBK (PC)

10-24-2022

EDWARD VINCENT RAY, JR., Plaintiff, v. WILLIAM JOE SULLIVAN, et al., Defendants.


ORDER DISMISSING ACTION FOR FAILURE TO PAY FILING FEE

Plaintiff Edward Vincent Ray, Jr. is a state prisoner proceeding pro se in this civil rights action brought under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On September 20, 2021, the Court issued an order denying Plaintiff's motion to proceed in forma pauperis and ordering Plaintiff to pay the filing fee within 21 days. (Doc. 16.) The Court cautioned Plaintiff that “failure to pay the filing fee within the specified time will result in the dismissal of this action.” (Id. at 2.)

On October 6, 2021, Plaintiff appealed this Court's September 20, 2021 Order, but failed to timely pay the requisite appellate fees and his petition to proceed in forma pauperis before the Ninth Circuit was denied. (See Docs. 17, 20, 23.) On September 28, 2022, his appeal was dismissed for failure to prosecute. (Doc. 24.)

To date, Plaintiff has not paid the filing fee as directed by the Court in its September 20, 2021 Order, and more than 21 days have now passed since the Ninth Circuit dismissed Plaintiff's appeal.

Accordingly, this action is DISMISSED for failure to pay the filing fee and failure to obey a Court order.

IT IS SO ORDERED.


Summaries of

Ray v. Sullivan

United States District Court, Eastern District of California
Oct 24, 2022
1:20-cv-01699-NE-HBK (PC) (E.D. Cal. Oct. 24, 2022)
Case details for

Ray v. Sullivan

Case Details

Full title:EDWARD VINCENT RAY, JR., Plaintiff, v. WILLIAM JOE SULLIVAN, et al.…

Court:United States District Court, Eastern District of California

Date published: Oct 24, 2022

Citations

1:20-cv-01699-NE-HBK (PC) (E.D. Cal. Oct. 24, 2022)