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Marcellus Alexander Greene v. California Department of Corrections

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


July 27, 2012

MARCELLUS ALEXANDER GREENE, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, DEFENDANT.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On April 10, 2012, the court denied plaintiff's application to proceed in forma pauperis because he has "three strikes" within the meaning of 28 U.S.C. § 1915(g) and was not under imminent threat of serious physical injury when he filed the complaint. The court directed plaintiff to pay the $350 filing fee within 30 days. The court also admonished plaintiff that failure to timely pay the filing fee would result in dismissal of this action.

On April 19, 2012, plaintiff responded to the court's order, stating that he "object[s] to being held to pay $350.00 to have justice done on this unambiguous issue." Dckt. No. 12.

Unless plaintiff proceeds in forma pauperis, he is required to pay the full filing fee to proceed with this action. See 28 U.S.C. § 1914(a). Plaintiff is not eligible to proceed in forma pauperis and has not paid the filing fee as ordered.

Accordingly, IT IS HEREBY ORDERED that this action is dismissed.

20120727

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