Roman v. Adams et al

Filing 2

ORDER DISMISSING CASE without prejudice for failing to pay filing fees and/or move to proceed in forma pauperis. The Court grants Plaintiff forty-five (45) 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. The Clerk of Court shall provide Plaintiff wit h 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 Motion to Proceed IFP within forty-five days, this civil action shall remain dismisses without prejudice and without further Order of the Court. Signed by Judge Roger T. (bar, ).

Roman v. Adams et al

Doc. 2

Case 3:07-cv-01343-BEN-POR

Document 2

Filed 08/06/2007

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ISIDRO ROMAN, CDCR #J-41754, Plaintiffs,

Civil No.

07-1343 BEN (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)

vs. DERRAL G. ADAMS, Warden, CRONES; GIURBINO; ZAMORA, Defendants. Plaintiff, an inmate currently incarcerated at California State Prison in Corcoran, California, and proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff claims various prison officials at Calipatria and North Kern State Prisons "assaulted" and "abused" him in violation of the First, Eighth and Fourteenth Amendments in September 1995. (Compl. at 2-4.) Plaintiff seeks general and punitive damages, as well as costs. (Id. at 7.)
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07cv1343

Dockets.Justia.com

Case 3:07-cv-01343-BEN-POR

Document 2

Filed 08/06/2007

Page 2 of 2

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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, 2007 WL 1815499 (9th Cir. June 26, 2007), as amended, 2007 WL 1932824 at *3, ___ F.3d ___ (9th Cir. July 5, 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). In this case, Plaintiff has neither prepaid the $350 filing fee required to commence this civil action, nor has he submitted a Motion to Proceed IFP. Therefore, the case 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 forty-five (45) 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 forty-five days, this civil action shall remain dismissed without prejudice and without further Order of the Court. IT IS SO ORDERED. DATED: August 6, 2007 Hon. Roger T. Benitez United States District Judge
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