Opinion
2:21-cv-00146-JAM-JDP (PC)
12-29-2021
ROGELIO MAY RUIZ, Plaintiff, v. R. EHLERS, Defendant.
ORDER
THE HONORABLE JOHN A. MENDEZ, UNITED STATES DISTRICT COURT 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 November 1, 2021, 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. 13. Plaintiff was granted twenty-one 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 this action is dismissed without prejudice for failure to pay the filing fee.