Hudson v. Donovan et al

Filing 4

ORDER DISMISSING CASE without prejudice and grants Plaintiff forty-five (45) days leave from the date this Order is filed to prepay the entire $350 civil filing fee in full or complete and file a Motion to Proceed IFP. Signed by Judge Jeffrey T. Miller on 3/3/2010. IFP form mailed 3/3/2010(All non-registered users served via U.S. Mail Service)(tkl) (kaj).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Plaintiff, an inmate currently incarcerated at the Richard J. Donovan Correctional Facility, 22 located in San Diego, California, and proceeding pro se, has filed a civil action pursuant to 42 23 U.S.C. § 1983. Failure to Pay Filing Fee or Request IFP Status 24 I. 25 All parties instituting any civil action, suit or proceeding in any district court of the 26 United States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 27 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay this filing fee only 28 if the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C.
-110cv0191 JM (POR)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CEDRICK MARQUET HUDSON, CDCR #F-77052, Plaintiff, vs. R.J. DONOVAN, et al., Defendants.

Civil No.

10-0191 JM (POR)

ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEE REQUIRED BY 28 U.S.C. § 1914(a) AND/OR FAILING TO MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

1 § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 2 169 F.3d 1176, 1177 (9th Cir. 1999). 3 Here, Plaintiff has not prepaid the $350 filing fee required to commence a civil action, 4 nor has he submitted a Motion to Proceed IFP. Therefore, the case must be dismissed pursuant 5 to 28 U.S.C. § 1914(a). Id. 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 to:

11 (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. See 28 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b). 14 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with this 15 Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma 16 Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the 17 enclosed Motion to Proceed IFP within that time, this action shall remain dismissed without 18 prejudice and without further Order of the Court. 19 DATED: March 3, 2010 20 21 22 23 24 25 26 27 28
-210cv0191 JM (POR)

Hon. Jeffrey T. Miller United States District Judge