Finney v. Naval Criminal Investigation Service

Filing 3

ORDER denying Plaintiff's motion to proceed in forma pauperis. The complaint is dismissed without prejudice. Plaintiff is granted 60 days leave to pay the filing fee required to maintain this action pursuant to 28 USC 1914, or to submit the required information regarding her financial status. Signed by Judge M. James Lorenz on 08/24/07. (jpp)

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Finney v. Naval Criminal Investigation Service Doc. 3 Case 3:07-cv-01669-L-CAB Document 3 Filed 08/24/2007 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 CHERY FINNEY, vs. Plaintiff, CASE NO. 07cv1669-L (CAB) ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS NAVAL CRIMINAL INVESTIGATION SERVICE Defendant. Plaintiff Chery Finney filed a complaint pursuant to the Federal Tort Claims Act. Concurrently she filed a Motion and Declaration Under Penalty of Perjury in Support of Motion to Proceed in Forma Pauperis ("IFP Motion"). For the reasons which follow, Plaintiff's IFP Motion is DENIED. All parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing fee. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff's declaration is missing page 2 and is therefore incomplete. Plaintiff's IFP Motion is therefore DENIED, and the complaint is DISMISSED without prejudice. Pursuant to this order, Plaintiff is granted 60 days' leave to pay the filing fee required to maintain this action pursuant to 28 U.S.C. § 1914, or to submit the -106cv1669 Dockets.Justia.com Case 3:07-cv-01669-L-CAB Document 3 Filed 08/24/2007 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 required information regarding her financial status. IF PLAINTIFF CHOOSES TO FILE ADDITIONAL INFORMATION REGARDING HIS POVERTY, SHE MUST ATTACH A COPY OF THIS ORDER. IT IS SO ORDERED. DATED: August 24, 2007 M. James Lorenz United States District Court Judge COPY TO: HON. CATHY ANN BENCIVENGO UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL -2- 06cv1669

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