IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 10, 2012
WILLIE WEAVER, PLAINTIFF,
THRAFT, ET AL., DEFENDANTS.
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 9, 2012, the court denied plaintiff's application to proceed in forma pauperis and directed plaintiff to pay the $350 filing fee within 21 days. See 28 U.S.C. § 1914(a). The court warned plaintiff that failure to timely pay the filing fee would result in dismissal of this action.*fn1
For the reasons stated in the magistrate judge's June 26, 2012 Findings and Recommendations, plaintiff is not eligible to proceed in forma pauperis, and must therefore pay the filing fee to proceed with this action. The time for acting has passed and plaintiff has not paid the filing fee.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed. See 28 U.S.C. § 1914(a).