(PC) Garrett v. Allison

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CRAIG K. GARRETT, No. 1:23-cv-00372-KES-EPG (PC) 12 Plaintiff, ORDER GRANTING ADDITIONAL TIME TO PAY FILING FEE 13 v.

14 KATHLEEN ALLISON, et al.,

15 Defendants. 16 17 18 Plaintiff Craig K. Garrett (“Plaintiff”) is a state prisoner proceeding pro se in this action 19 filed pursuant to 42 U.S.C. § 1983. Doc. 1. 20 On August 17, 2023, the Court issued an order denying Plaintiff’s application to proceed 21 in forma pauperis pursuant to 28 U.S.C. § 1915(g).1 Doc. 12. The Court also ordered Plaintiff to 22 pay the $402.00 filing fee in full within thirty days if he wanted to proceed with this action.2 Id. 23 at 4. Plaintiff was warned that if he “fails to pay the filing fee in full within thirty days, this 24 action will be dismissed without prejudice and without further notice.” Id. at 4. The thirty-day 25 period has expired, and Plaintiff has failed to pay the requisite filing fee. See docket. 26

27 1 Plaintiff filed an appeal of this order on August 23, 2023. Doc. 13. On November 17, 2023, the Ninth Circuit dismissed Plaintiff’s appeal for failure to prosecute. Doc. 17. 28 2 The Court notes that on December 1, 2023, the filing fee increased to $405. 1 On April 26, 2024, Plaintiff filed a self-titled “Motion for Inquiry; Appointment of 2 | Counsel” requesting the status of this case and requesting the appointment of counsel. Doc. 19. 3 | The Court finds this case does not meet the exceptional circumstances standard necessary for the 4 | appointment of counsel as Plaintiff has failed to pay the necessary filing fee and is unlikely to 5 | succeed on the merits of his case at this time. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 6 | (9th Cir. 1986). However, under the circumstances reported in Plaintiffs filing, specifically 7 | Plaintiff's current hunger strike and recent hospitalizations, Doc. 19, the Court finds it would be 8 || equitable to allow Plaintiff an additional thirty days from the date of this order to pay the filing 9 | fee as ordered in Doc. 12 before dismissing this case. 10 Accordingly, IT IS ORDERED: 11 1. Plaintiff's motion for the appointment of counsel, Doc. 19, is hereby DENIED 12 without prejudice. 13 2. Within 30 days of service of this order, Plaintiff shall pay the $405.00 filing fee in 14 full. Plaintiff is advised that failure to comply with this order will result in 15 dismissal of this action. 16 17 1g | IT IS SO ORDERED. _ 19 Dated: _ April 29, 2024 4A . 50 UNITED STATES DISTRICT JUDGE

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