Flinn v. Fontaine et al

Filing 2

ORDER DISMISSING CASE sua sponte without prejudice for failing to pay the $350 file fee or file a Motion to Proceed IFP, granting Plaintiff 45 days leave from the date this Order is stamped filed to (a) prepay the entire $350 civil filing f ee 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. Signed by Judge Napoleon A. Jones Jr. on 2/8/08. (Motion to Proceed IFP mailed to Plaintiff)(aje)

-RBB Flinn v. Fontaine et al

Doc. 2

Case 3:08-cv-00164-J-RBB

Document 2

Filed 02/08/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
MARK A. FLINN, CDCR #T-86797, Plaintiff, vs. OFFICER FONTAINE, et al., Defendants. Mark Flinn, ("Plaintiff"), a state prisoner currently incarcerated at the California State Prison - Sacramento located in Represa, California, and proceeding pro se, has filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that his constitutional rights were violated when he was housed at the R.J. Donovan Correctional Facility in San Diego. 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 Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
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08cv0164

Civil No.

08-0164 J (RBB)

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)

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Dockets.Justia.com

Case 3:08-cv-00164-J-RBB

Document 2

Filed 02/08/2008

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Here, 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). 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 that time, this action shall remain dismissed without prejudice and without further Order of the Court. IT IS SO ORDERED.

DATED: February 8, 2008 HON. NAPOLEON A. JONES, JR. United States District Judge

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