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Jimmie Stephen v. F. Zhang

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


June 8, 2012

JIMMIE STEPHEN, PLAINTIFF,
v.
F. ZHANG, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, filed an action pursuant to 42 U.S.C. § 1983 and requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. Plaintiff, having consented to the jurisdiction of the undersigned,*fn1 this court adjudicated plaintiff's in forma pauperis request and determined that plaintiff is barred by the three-strikes provision of 28 U.S.C. § 1915(g) from proceeding in this action in forma pauperis. See Order, filed on April 19, 2012 (docket # 5). Accordingly, plaintiff was ordered to pay the $350.00 filing fee in full for a civil rights action within twenty-eight days and cautioned that failure to do so would result in dismissal of this action.

Plaintiff has failed to pay the filing fee or to otherwise respond to the court's order and the time for doing so has expired.

Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).


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