1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHARROD MOTEN, Case No.: 1:24-cv-00068-KES-CDB (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO 13 v. PAY THE FILING FEE 14 VIETH, et al., Doc. 12 15 Defendants. 16 17 Plaintiff Sharrod Moten is state prisoner proceeding pro se in this civil rights action 18 pursuant to

. On January 22, 2024, the assigned magistrate judge issued 19 findings and recommendations recommending that plaintiff’s application to proceed in forma 20 pauperis be denied and requiring plaintiff to pay the filing fee in full. Doc. 7. The magistrate 21 judge found that plaintiff was subject to the three-strikes bar of

(g) and that 22 plaintiff failed to show he was in imminent danger of physical injury sufficient to warrant an 23 exception under § 1915. Id. 24 On March 31, 2025, the Court adopted the findings and recommendations, denied 25 plaintiff’s motion to proceed in forma pauperis, and ordered plaintiff to pay the $405 filing fee in 26 full within 30 days. Doc. 12. Plaintiff was warned “that failure to comply with this order will 27 result in the dismissal of this action.” Id. at 3 (emphasis in original). Despite the Court’s warning, plaintiff has failed to pay the required filing fee and the deadline for him to do so has 1 | expired. Without such payment, the action cannot proceed before the Court. See Saddozai v. 2 | Davis,

(9th Cir. 2022). 3 Accordingly, the Court ORDERS: 4 1. This action is dismissed without prejudice for plaintiffs failure to pay the filing fee. 5 2. The Clerk of the Court is directed to terminate any pending motions and close this case. 6 7 g | IT ISSO ORDERED. _ 9 Dated: _ May 14, 2025 4h | | 10 UNITED STATES DISTRICT JUDGE

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