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-00052-KES-CDB 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE 13 v.

14 J. CUSTER, et al.,

15 Defendants.

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

(g) and ordered him to pay the filing fee within 30 days to proceed with 19 this action. Doc. 16. Despite the Court’s warning that failure to pay the required filing fee as 20 ordered would result in this action’s dismissal,

, plaintiff has failed to pay the required 21 fee. Without such payment, this action cannot proceed. See

(a); L.R. 121(c); 22 Olivares v. Marshall,

, 112 (9th Cir. 1995); Saddozai v. Davis,

, 709 23 (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 5, 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