Jackson v. Houston et al

Filing 2

ORDER DISMISSING CASE Without Prejudice for Failing to Pay Filing Fees and/or Move to Proceed In Forma Pauperis: This action is Dismissed sua sponte without prejudice. Plaintiff is granted 30 days leave to prepay filing fee in full or complete & file a Motion to proceed IFP. The Clerk shall provide Plaintiff with IFP form. Signed by Judge M. James Lorenz on 6/29/2007. (form sent)(mjj) Modified on 6/29/2007 to correct text (mjj, )(mam).

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Jackson v. Houston et al Doc. 2 Case 3:07-cv-01108-L-POR Document 2 Filed 06/29/2007 Page 1 of 2 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 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JIMMIE LEE JACKSON, CDCR #C-49500, R.M. HOUSTON, Assoc. Warden; Lt. COOK, Sgt. J.C. MARTINEZ; Sgt. H. MENDEZ; Sgt. RODRIGUES; Sgt. CLARK; C/O D. BARRETTO; C/O L. CORDOVA; DOES 1-8, Defendants. Civil No. 07-1108 L (POR) ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEES PURSUANT TO 28 U.S.C. 1914(a) AND/OR MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. 1915(a) Plaintiff, an inmate currently incarcerated at High Desert State Prison in Susanville, California, and proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. 1983. 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 Andrews v. Cervantes, ___ F.3d ___ (9th Cir. June 26, 2007) (No. 04-17459), slip op. at 7630; Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). K:\COMMON\EVERYONE\_EFILE-PROSE\L\07-1108-dsm.wpd 1 07cv1108 Dockets.Justia.com Case 3:07-cv-01108-L-POR Document 2 Filed 06/29/2007 Page 2 of 2 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 In this case, Plaintiff has neither prepaid the $350 filing fee required to commence this action, 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). Id. II. 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 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. 1914(a) and 1915(a); and (2) GRANTS Plaintiff thirty (30) days leave from the date this Order is stamped "Filed" to: (a) prepay the entire $350 civil filing fee in full; or (b) 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). 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 remain dismissed without prejudice and without further Order of the Court. IT IS SO ORDERED. DATED: June 29, 2007 M. James Lorenz United States District Court Judge K:\COMMON\EVERYONE\_EFILE-PROSE\L\07-1108-dsm.wpd 2 07cv1108

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