Jackson v. Gutierrz et al

Filing 2

ORDER DISMISSING CASE without prejudice for failing to pay filing fees pursuant to 28 USC 1914(a) and/or move to proceed In Forma Pauperis pursuant to 28 USC 1915(a). Signed by Judge Jeffrey T. Miller on 9/13/07; Motion and Declaration in Support of Motion to Proceed IFP sent.(tkl)

Download PDF
Jackson v. Gutierrz et al Doc. 2 Case 3:07-cv-01755-JM-NLS Document 2 Filed 09/13/2007 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 BYRON JACKSON, CDCR #K-61614, Civil No. Plaintiffs, 07-1755 JM (NLS) 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. O. GUITIERREZ, et al., Defendants. Plaintiff, an inmate currently incarcerated at Corcoran State Prison located in Corcoran, 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 K:\COMMON\CHMB_MIL\Cases-Civil\jackson\07cv1755_order dismissing case_9 13 2997.wpd 1 07cv1755 Dockets.Justia.com Case 3:07-cv-01755-JM-NLS Document 2 Filed 09/13/2007 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 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, 493 F.3d 1047 (9th Cir. 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) 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: September 13, 2007 Hon. Jeffrey T. Miller United States District Judge 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 K:\COMMON\CHMB_MIL\Cases-Civil\jackson\07cv1755_order dismissing case_9 13 2997.wpd 2 07cv1755

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?