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-01387-KES-SAB 12 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO 13 v. PAY THE FILING FEE 14 EASTERN DISTRICT COURTHOUSE Doc. 10 OF CALIFORNIA, et al., 15 Defendants.

16 17 Plaintiff Sharrod Moten is state prisoner proceeding pro se in this civil rights action 18 pursuant to

. On February 10, 2025, 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. 9. The findings and 21 recommendations concluded that plaintiff was subject to the three-strikes bar of 28 U.S.C. 22 § 1915(g) and that plaintiff failed to show he was in imminent danger of physical injury sufficient 23 to warrant an exception under § 1915. Id. 24 On March 19, 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 21 days. Doc. 12. Plaintiff was warned if he failed to pay the filing fee within the 27 specified time, the action would be dismissed without further notice. Id. at 2. 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 IT IS SO ORDERED. _ Dated: _ September 11, 2025 4h 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28