Goods v. Bakersfield Police Department

Filing 2

ORDER DIRECTING PLAINTIFF to Pay the Filing Fee or File a Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 8/1/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CHARLES GOODS,
Plaintiff,

12
v.

13
14

BAKERSFIELD POLICE DEPARTMENT,
Defendants.

15
16
17

)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-01009 -DAD- 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 July 31, 2017. As a general rule, all

18

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

19

fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of an action without

20

the filing fee “by a person who submits an affidavit that includes a statement of all assets such [person]

21

possesses that the person is unable to pay such fees or give security therefore.” 28 U.S.C. § 1915(a)(1).

22

Therefore, an action may proceed despite a failure to prepay the filing fee only if leave to proceed in

23

forma pauperis is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

24

///

25

///

26

///

27

///

28
1

Plaintiff failed to pay the requisite filing fee or to file a motion to proceed IF. Thus, the matter

1
2

cannot proceed before the Court at this time. Accordingly, the Court ORDERS:

3

1.

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

4

2.

Plaintiff SHALL file a motion to proceed in forma pauperis within 21 days of service.

5

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

6

110.

7
8
9
10

IT IS SO ORDERED.
Dated:

August 1, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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