IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 23, 2010
MARVIN HARRIS, PLAINTIFF,
BRADFORD, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 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 April 20, 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. 20. 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.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.
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