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Weeks v. Comites

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Sep 28, 2011
CASE NO. 1:11-cv-01180-SMS (E.D. Cal. Sep. 28, 2011)

Opinion

CASE NO. 1:11-cv-01180-SMS

09-28-2011

ARTHUR WEEKS, Plaintiff, v. COMITES, et al., Defendants.


ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING

FEE OR FILE APPLICATION TO PROCEED IN FORMA PAUPERIS


(ECF No. 3)

Plaintiff, proceeding pro se, filed this civil action on July 18, 2011. Plaintiff did not pay the $350.00 filing fee in full or file an application to proceed in forma pauperis, and on July 21, 2011, the Court ordered Plaintiff to do so within forty-five days. More than forty-five days have passed and Plaintiff has not complied with or otherwise responded to the Court's order. Plaintiff was warned that failure to obey the order would result in dismissal of the action.

A civil action may not proceed absent the submission of either the filing fee or an application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted neither and has not responded to the Court's order to do so, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110.

Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for failure to pay the filing fee or file an application to proceed in forma pauperis. IT IS SO ORDERED.

Sandra M. Snyder

UNITED STATES MAGISTRATE JUDGE


Summaries of

Weeks v. Comites

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Sep 28, 2011
CASE NO. 1:11-cv-01180-SMS (E.D. Cal. Sep. 28, 2011)
Case details for

Weeks v. Comites

Case Details

Full title:ARTHUR WEEKS, Plaintiff, v. COMITES, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Sep 28, 2011

Citations

CASE NO. 1:11-cv-01180-SMS (E.D. Cal. Sep. 28, 2011)