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Hayes v. Stewart

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 23, 2010

HENRY C. HAYES, PLAINTIFF,
v.
RODERICK STEWART, ET AL., DEFENDANTS.

ORDER

Plaintiff is a prisoner without counsel seeking relief for civil rights violations. See 42 U.S.C. § 1983. This case is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

By order filed February 4, 2010, the court informed plaintiff that on at least three prior occasions, he brought actions while incarcerated that were dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted. Dckt. No. 5. Pursuant to 28 U.S.C. § 1915(g), the court denied plaintiff's request for leave to proceed in forma pauperis and directed plaintiff to pay the filing fee for this action within 30 days Id. The thirty day period has now expired, and plaintiff has not paid the filing fee.*fn1

Accordingly, IT IS HEREBY ORDERED that plaintiff's February 16, 2010 motion is denied and this action is dismissed without prejudice.


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