Foster
Foster v. Division of Adult Parole Operations
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FLOYD FOSTER JR., Case No. 1:19-cv-00987-SAB
Plaintiff, ORDER DISMISSING ACTION FOR
FAILURE TO PAY FILING FEE AND
v. FAILURE TO COMPLY WITH COURT
ORDER
L. WALLACE, (ECF No. 37) Defendant.
16 Plaintiff Floyd Foster Jr. is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. 1983. On June 4, 2021, the Court denied Defendant’s motion for summary judgment, and granted in part and denied in part Defendant’s motion for an order dismissing the action or alternatively revoking Plaintiff’s in forma pauperis status. (ECF No. 37.) The Court specifically found that the Defendant had acted in bad faith by refiling his complaint after being ordered to pay the filing fee in another action. (ECF No. 37 at 15-16.) However, rather than dismissing the action with prejudice as requested by Defendant, the Court instead ordered this action would be allowed to proceed if Plaintiff payed the filing fee. (Id.) The Court afforded Plaintiff forty-five 25 …