George
(PC) Mcelroy v. George
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
EIBON MCELROY, ) Case No.: 1:24-cv-00982 JLT HBK ) Plaintiff, ) ORDER DISMISSING ACTION WITHOUT ) PREJUDICE AND DIRECTING THE CLERK OF v. ) COURT TO CLOSE THE CASE ) GEORGE, et al., ) ) Defendants. ) ) )
Eibon Mc Elroy seeks to hold the defendants liable for violations of his civil right to adequate medical care. (Doc. 1.) Because Plaintiff failed to prosecute this action and failed to obey the Court’s order, as discussed below, the action is DISMISSED without prejudice. I. Relevant Background When Plaintiff initiated the action, he did not pay the filing fee. (Doc. 3.) The assigned magistrate judge ordered Plaintiff to either apply to proceed in forma pauperis or pay the filing fee. (Id.) On November 11, 2024, Plaintiff filed a motion to proceed in forma pauperis. (Doc. 6.) However, the magistrate judge found that Plaintiff had at least three “strikes”…