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govinfo:USCOURTS-caed-1_25-cv-01504-4

U.S. District Court for the Eastern District of California · 2026-09-28

· GavelSight synced 2026-11-10 16:05:51

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UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF CALIFORNIA 
RICARDO MARTINEZ, 
Plaintiff, 
v. 
ROSTISLAV DAVYDON, et al., 
Defendants. 
Case No.  1:25-cv-01504-KES-HBK (PC) 
ORDER DISMISSING ACTION WITHOUT 
PREJUDICE FOR FAILURE TO PAY THE 
FILING FEE 
Doc. 20 
 
 
Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983.  The 
assigned magistrate judge issued findings and recommendations that plaintiff’s application to 
proceed in forma pauperis be denied.  Doc. 15.  On August 10, 2026, the Court adopted the 
findings and recommendations and ordered plaintiff to pay the $405.00 filing fee in full within 
thirty (30) days.  Doc. 20.  Plaintiff was warned that if he failed to pay the filing fee within the 
specified time, this action would be dismissed without further notice.  Id. at 3.  Despite the 
Court’s warning, Plaintiff has failed to pay the required filing fee and the deadline for him to do 
so has expired.  Without such payment, the action cannot proceed before the Court.  See Saddozai 
v. Davis, 35 F.4th 705, 709 (9th Cir. 2022).  
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Case 1:25-cv-01504-KES-HBK     Document 21     Filed 09/28/26     Page 1 of 2
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 2  
 
 
Accordingly,  
1. This action is dismissed without prejudice; and 
2. The Clerk of the Court is directed to close this case. 
 
 
 
IT IS SO ORDERED. 
 
 Dated:     September 26, 2026       
     UNITED STATES DISTRICT JUDGE 
 
Case 1:25-cv-01504-KES-HBK     Document 21     Filed 09/28/26     Page 2 of 2

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