Vahan Jaladian v. Chokatos et al

Filing 8

ORDER Dismissing Action, Without Prejudice, For Failure to Either Pay Filing Fee in Full or File Application to Proceed in Forma Pauperis 4 , 6 , signed by Chief Judge Anthony W. Ishii on 4/24/12. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

VAHAN JALADIAN,

10
11
12

CASE NO. 1:11-cv–02130-AWI-BAM PC

Plaintiff,
v.
JOHN CHOKATOS, et al.,

13

ORDER DISMISSING ACTION, WITHOUT
PREJUDICE, FOR FAILURE TO EITHER PAY
FILING FEE IN FULL OR FILE
APPLICATION TO PROCEED IN FORMA
PAUPERIS

Defendants.
/ (ECF Nos. 4, 6)

14
15

Plaintiff Vahan Jaladian, a former state prisoner proceeding pro se, filed this civil rights

16

action on December 27, 2011 . Plaintiff did not file an application to proceed in forma pauperis or

17

pay the filing fee. On December 29, 2011, the Court issued an order requiring Plaintiff to either pay

18

the $350.00 filing fee in full or file an application to proceed in forma pauperis on the form provided

19

with the order, within forty-five days. Plaintiff did not respond to the order, and on February 29,

20

2012, an order issued requiring Plaintiff to show cause why this action should not be dismissed for

21

failure to comply with a court order. Plaintiff was warned that dismissal would occur if he failed to

22

respond to the order within thirty days. More than thirty days have passed, and Plaintiff has not

23

responded to the order to show cause, paid the filing fee, or submitted an application to proceed in

24

forma pauperis.

25

A civil action may not proceed absent the submission of either the filing fee or a completed

26

application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Because Plaintiff has submitted

27

neither in compliance with the Court’s order to do so, dismissal of this action is appropriate. In re

28

Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006);
1

1
2

Local Rule 110.
Accordingly, the Court HEREBY ORDERS this action dismissed, without prejudice, for

3

failure to pay the filing fee or file a completed application to proceed in forma pauperis.

4

IT IS SO ORDERED.

5
6

Dated:
0m8i78

April 24, 2012
CHIEF UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2