Lee v. Ehlenbach et al
Filing
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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 3/12/2018. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RONNIE LEE,
Plaintiff,
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v.
MARTHA P. EHLENBACH, et al.,
Defendants.
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Case No.: 1:18-cv-0247 -DAD- JLT
ORDER DIRECTING PLAINTIFF TO PAY THE
FILING FEE OR FILE A MOTION TO PROCEED
IN FORMA PAUPERIS
Plaintiff initiated this action by filing a complaint on February 20, 2018. As a general rule, all
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parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing
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fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of an action without
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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 is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th
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Cir. 1999).
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Plaintiff failed to pay the requisite filing fee or to file a motion to proceed in forma pauperis,
and the matter cannot proceed before the Court at this time. Accordingly, the Court ORDERS:
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1.
Plaintiff SHALL pay the filing fee within 21 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
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21 days of service.
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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:
March 12, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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