Allen v. Davis et al

Filing 2

ORDER DISMISSING CASE without prejudice for failing to pay filing fee or move to proceed in forma pauperisSigned by Judge M. James Lorenz on 10/19/06. Granting 45 days leave for the date this order is stamped 'filed' to prepay the $350 civil filing fee in full or complete and file a motion to proceed IFP which includes a certified copy of his trust account statement for a 6 month period(av1, )

Allen v. Davis et al

Doc. 2

Case 3:06-cv-02291-L-JMA

Document 2

Filed 10/19/2006

Page 1 of 2

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vs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
BRUCE ALLEN, CDC #C-61243, Plaintiff, J. DAVIS, et al., Defendants.
Civil No. 06-2291 L (JMA)

ORDER DISMISSING CIVIL ACTION FOR FAILING TO PAY FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

Plaintiff, an inmate currently incarcerated at Calipatria State Prison in Calipatria,

18 California, and proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. 19 I. 20 Failure to Pay Filing Fee or Request IFP Status Effective April 9, 2006, all parties instituting any civil action, suit or proceeding in a

21 district court of the United States, other than a writ of habeas corpus, must pay a filing fee of 22 $350.1 See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if 23 the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). 24 See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 25 / / / 26 27 28
The Court notes that Plaintiff submitted $250.00, the former initial civil filing fee. This check has been returned to Plaintiff.
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06cv2291

Dockets.Justia.com

Case 3:06-cv-02291-L-JMA

Document 2

Filed 10/19/2006

Page 2 of 2

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Here, Plaintiff has neither prepaid the $350 filing fee required to commence this action,

2 nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate 3 dismissal pursuant to 28 U.S.C. § 1914(a). 4 II. 5 6 Conclusion and Order For the reasons set forth above, the Court hereby: (1) DISMISSES this action sua sponte without prejudice for failing to pay the $350

7 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and 8 (2) GRANTS Plaintiff forty five (45) days leave from the date this Order is stamped

9 "Filed" to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion 10 to proceed IFP which includes a certified copy of his trust account statement for the 6-month 11 period preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. 12 CIVLR 3.2(b). 13 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the 14 Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma 15 Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the 16 attached Motion to Proceed IFP within that time, this action shall remain dismissed without 17 prejudice and without further Order of the Court. 18 19 DATED: October 19, 2006 20 21 22 23 24 25 26 27 28
-206cv2291

M. James Lorenz United States District Court Judge

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