Amarra-Herrarte v. Six Unknown Names Agents et al

Filing 2

ORDER DISMISSING CASE without prejudice, granting 30 days leave form the date this Order is stamed filed to file an amended complaint and prepay the entire filing fee or complete a Motion to proceed IFP. (IFP form mailed). Signed by Judge Barry Ted Moskowitz on 12/21/06. (gac)

Amarra-Herrarte v. Six Unknown Names Agents et al

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Case 3:06-cv-02714-BTM-NLS

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Filed 12/21/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. Failure to Pay Filing Fee or Request IFP Status Effective April 9, 2006, all parties instituting any civil action, suit or proceeding in a district court of the United States, other than a writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Here, Plaintiff has neither prepaid the $350 filing fee required to commence this action, SIX UNKNOWN NAMES AGENTS, et al., Defendant. vs. JUAN JOSE AMARRA-HERRARTE, Plaintiff, CASE NO. 06cv2714 BTM (NLS) ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE FOR: (1) FAILURE TO PREPAY $350 CIVIL FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS and (2) FAILURE TO STATE A CLAIM

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Plaintiff, currently detained at the Federal Correctional Institution at Greenville, IL, and proceeding pro se, has filed a complaint which he has captioned as a civil rights action under 42 U.S.C. § 1983.

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nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate dismissal pursuant to 28 U.S.C. § 1914(a). Plaintiff is cautioned that if he chooses to proceed with this action either by paying the full civil filing fee required by 28 U.S.C. § 1914(a), or moving to proceed IFP, his Complaint will be subject to the mandatory screening and sua sponte dismissal provisions of 28 U.S.C. § 1915A(b) and 28 U.S.C. § 1915(e)(2)(b). Moreover, prisoners granted leave to proceed IFP remain obligated to pay the entire fee in installments, regardless of whether their action is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002).

II.

Failure to State a Claim In addition, a review of Plaintiff's complaint reveals that it is wholly unintelligible. Fed.

R. Civ. P. 8(a) requires that a complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." The Court is unable to discern the nature of Plaintiff's claim, who the complaint is addressed to, or any grounds upon which this Court could grant relief.

I I I.

Conclusion and Order For the reasons set forth above, the Court hereby: (1) DISMISSES this action sua sponte without prejudice for: (a) failing to pay the

$350 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and (b) failing to properly plead pursuant to Fed. R. Civ. P. 8(a); and (2) GRANTS Plaintiff thirty (30) days leave from the date this Order is stamped

"Filed" to: (a) file an amended complaint which properly states his claim for relief; and (b) prepay the entire $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 the 6-month period preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR 3.2(b). 2

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IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the attached Motion to Proceed IFP within that time, this action shall be finally dismissed without prejudice.

IT IS SO ORDERED. DATED: December 21, 2006

Hon. Barry Ted Moskowitz United States District Judge

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