Peterson v. Bakersfield Police Department et al

Filing 2

ORDER DIRECTING Plaintiff to Submit the Filing Fee or File a Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 7/23/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIN LYNN PETERSON,

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Plaintiff,

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v.
BAKERSFIELD POLICE DEPARTMENT,
OFFICER AGUILAR, and OFFICER
BENAVENTS,

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Defendants.

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Case No.: 1:14-cv-01114 - --- - JLT
ORDER DIRECTING PLAINTIFF TO SUBMIT
THE FILING FEE OR FILE A MOTION TO
PROCEED IN FORMA PAUPERIS

As a general rule, all parties instituting any civil action, suit or proceeding in a United States

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District Court must pay a filing fee. 28 U.S.C. § 1915(a). However, the Court may authorize the

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commencement of an action without the filing fee “by a person who submits an affidavit that includes

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a statement of all assets such [person] possesses that the person is unable to pay such fees or give

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security therefore.” 28 U.S.C. § 1915(a)(1). Therefore, an action may proceed despite a failure to

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prepay the filing fee only if leave to proceed in forma pauperis is granted by the Court. See Rodriguez

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v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
Plaintiff initiated this action by filing his complaint on August 24, 2011. (Doc. 1). However,

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because Plaintiff failed to pay the requisite filing fee or to file a motion to proceed in forma pauperis,

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the matter cannot proceed before the Court at this time.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiff SHALL pay the filing fee within 14 days of service of this order, or

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2.

In the alternative, Plaintiff SHALL file a motion to proceed in forma pauperis within
14 days of service.

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3.

Failure to comply with this order may result in dismissal of this action pursuant to
Local Rule 110.

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IT IS SO ORDERED.
Dated:

July 23, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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