Ausbie et al v. Vega et al

Filing 2

ORDER Directing Plaintiffs to Pay the Filing Fee or File a Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 12/2/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL AUSBIE, et al.,
Plaintiffs,

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v.

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JUDGE LOUIE VEGA, et al.,
Defendants.

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Case No.: 1:15-cv-01784 -AWI- JLT
ORDER DIRECTING PLAINTIFFS TO PAY THE
FILING FEE OR FILE A MOTION TO PROCEED
IN FORMA PAUPERIS

Plaintiffs initiated this action by filing a complaint on November 30, 2015. As a general rule,

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all parties instituting any civil action, suit or proceeding in a United States District Court must pay a

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filing fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of an action

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without the filing fee “by a person who submits an affidavit that includes a statement of all assets such

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[person] possesses that the person is unable to pay such fees or give security therefore.” 28 U.S.C. §

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1915(a)(1). Therefore, an action may proceed despite a failure to prepay the filing fee only if leave to

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proceed in forma pauperis (“IFP”) is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176,

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1177 (9th Cir. 1999).

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Here, Plaintiffs failed to pay the requisite filing fee or to file a motion to proceed IFP, and the

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matter cannot proceed before the Court at this time.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiffs SHALL pay the filing fee within 21 days of service of this order, or

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2.

In the alternative, Plaintiffs SHALL file a motion to proceed in forma pauperis within
21 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:

December 2, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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