Decheri Hafer v. Unknown

Filing 6

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 10/13/2020. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DECHERI HAFER,

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Plaintiff,
v.
UNKNOWN,
Defendant.

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Case No.: 1:20-cv-01426-NONE-JLT
ORDER DIRECTING PLAINTIFF TO PAY THE
FILING FEE OR FILE A MOTION TO PROCEED
IN FORMA PAUPERIS

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Plaintiff initiated this action by filing a complaint on September 24, 2020. 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 [person]

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

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

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

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110.

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IT IS SO ORDERED.
Dated:

October 13, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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