(PC) Kelly v. Oglesby

United States District Court for the Eastern District of California

(PC) Kelly v. Oglesby

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CARL KELLY, No. 1:25-cv-00042-KES-SAB (PC) 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE 13 v.

14 WILLIAM OGLESBY, et al.,

15 Defendants.

16 17 On June 26, 2025, the Court determined that plaintiff had accumulated three strikes 18 under

28 U.S.C. § 1915

(g) and ordered him to pay the filing fee within 30 days to proceed with 19 this action. Doc. 15. Despite the Court’s warning that “failure to pay the required filing fee as 20 ordered will result in the dismissal of this action without prejudice and without further notice,” 21

id. at 3

, plaintiff has failed to pay the required fee. Without such payment, this action cannot 22 proceed. See

28 U.S.C. § 1914

(a); L.R. 121(c); Olivares v. Marshall,

59 F.3d 109, 112

(9th Cir. 23 1995); Saddozai v. Davis,

35 F.4th 705, 709

(9th Cir. 2022). 24 /// 25 /// 26 /// 27 /// 28 /// 1 Accordingly: 2 1. This action is dismissed without prejudice for plaintiff's failure to pay the filing 3 fee; and 4 2. The Clerk of the Court is directed to close this case. 5 6 7 IT IS SO ORDERED. _ 8 Dated: _ August 1, 2025 4h UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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