Hines v. Schwarzenegger et al

Filing 2

ORDER DISMISSING CASE, (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 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 precedi ng the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR3.2(b). IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the Courts approved form Motion and Declaration in Support of Motion to P roceed 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. Signed by Judge Roger T. Benitez on 09/21/07. CC Motion and Declaration in Support of Motion to Proceed In Forma Pauperis (joeh)

Hines v. Schwarzenegger et al

Doc. 2

Case 3:07-cv-01817-BEN-AJB

Document 2

Filed 09/21/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff, an inmate currently incarcerated at the Arizona State Prison Complex ("ASPC")
vs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
JAMES LYNN HINES Inmate No. 197067, Plaintiff,
Civil No. 07-1817 BEN (AJB)

ARNOLD SCHWARZENEGGER, Governor, et al., Defendants.

ORDER DISMISSING CIVIL ACTION FOR FAILING TO PAY FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

20 in Florence, Arizona, and proceeding pro se, has filed a civil rights complaint pursuant to 42 21 U.S.C. § 1983.1 22 I. 23 Failure to Pay Filing Fee or Request IFP Status Effective April 9, 2006, all parties instituting any civil action, suit or proceeding in a

24 district court of the United States, other than a writ of habeas corpus, must pay a filing fee of 25 $350. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if 26 27 28 whether Plaintiff is currently a California state inmate housed in Arizona or he is an inmate within the
Arizona State correctional system.
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1

The Court notes that Plaintiff was formerly a California state inmate. Thus, it is unclear

-1-

07cv1817

Dockets.Justia.com

Case 3:07-cv-01817-BEN-AJB

Document 2

Filed 09/21/2007

Page 2 of 2

1 the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). 2 See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 3 Here, Plaintiff has neither prepaid the $350 filing fee required to commence this action,

4 nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate 5 dismissal pursuant to 28 U.S.C. § 1914(a). 6 II. 7 8 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

9 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and 10 (2) GRANTS Plaintiff forty five (45) days leave from the date this Order is "Filed"

11 to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to proceed 12 IFP which includes a certified copy of his trust account statement for the 6-month period 13 preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR 14 3.2(b). 15 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the

16 Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma 17 Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the 18 attached Motion to Proceed IFP within that time, this action shall remain dismissed without 19 prejudice and without further Order of the Court. 20 21 22 DATED: September 21, 2007 23 24 25 26 27 28
-207cv1817

Hon. Roger T. Benitez United States District Judge

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