1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CARL KELLY, Case No.: 1:24-cv-01063 JLT SKO 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO 13 V. PAY FILING FEE 14 | GAVIN NEWSOME, et al., (Doc. 8) 15 Defendants. 16 17 The Court found Plaintiff is subject to the three strikes bar of

. (Doc. 8.) 18 | However, Plaintiff has not paid the filing fee, despite a warning that failure to do so would result 19 | in dismissal. (Ud. at 2.) Without such payment, the action cannot proceed. See Saddozai v. 20 | Davis,

(9th Cir. 2022) (when subject to the three strikes bar, “the prisoner must pay 21 | the whole filing fee up front before bringing another lawsuit”). Thus, the Court ORDERS: 22 1. Plaintiff's complaint is DISMISSED without prejudice. 23 2. The Clerk of the Court is directed to close this case. 24 35 IT IS SO ORDERED.

| Dated: November 23, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 27 28