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Robert P. Benyamini v. Mendoza

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


November 26, 2012

ROBERT P. BENYAMINI, PLAINTIFF,
v.
MENDOZA, ET AL., DEFENDANTS.

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. By order filed on August 13, 2012, defendants' motion to revoke plaintiff's in forma pauperis status, filed on September 13, 2011, was granted and plaintiff was granted twenty-eight days to pay the filing fee in full. In the August 13th order, plaintiff was informed that should he fail to pay the fee within that period of time, the case would be dismissed. Plaintiff has failed to pay the filing fee in full and the time for doing so has expired.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. In light of plaintiff's failure to provide the filing fee in full in accordance with this court's order, filed on August 13, 2012 (docket # 119), this case is dismissed.

2. Plaintiff's repetitive and/or otherwise defective motions/requests, filed on May 30, 2012 (docket # 112); July 2, 2012 (docket # 118); August 31, 2012 (docket # 120), are vacated as moot.


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