Garcia v. George Bailey Correctional Facility

Filing 7

ORDER DISMISSING Civil Action without prejudice for failing to pay filing fees pursuant to 28 USC 1914(a) and failing to move to proceed in forma pauperis pursuant to 28 USC 1915(a). Plaintiff is granted 45 days leave from the date this Order is file d to : (a) prepay the entire $350 filing fee in full; or (b) complete and file a Motion to Proceed IFP. (blank motion to proceed informa pauperis mailed to Plaintiff). Signed by Judge John A. Houston on 06/16/10.(All non-registered users served via U.S. Mail Service)(jpp)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiff, currently detained at Fresno County Detention Facility located in Fresno, 21 California, and proceeding pro se, initially filed a civil complaint in the Eastern District of 22 California. United States Magistrate Judge Michael Seng determined that venue was proper in 23 the Southern District of California and transferred the matter to this Court on June 4, 2010. 24 25 26 I. FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS Any party instituting a civil action, suit or proceeding in a district court of the United GEORGE BAILEY CORRECTIONAL FACILITY, Defendants. vs. STEPHEN GARCIA, Booking #7021264, Plaintiff,
Civil No. 10-1199 JAH (NLS)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER DISMISSING CIVIL ACTION FOR FAILING TO PAY FILING FEES PURSUANT TO 28 U.S.C. § 1914(a) AND FAILING TO MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

27 States, other than a writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. 28 § 1914(a). An action may proceed despite a party's failure to pay only if the party is granted
-110cv1199 JAH (NLS)

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1 leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. 2 Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 3 Plaintiff has not paid the $350 filing fee required to initiate this civil action, however; nor 4 has he submitted a motion to proceed IFP pursuant to 28 U.S.C. § 1915(a). 5 6 7 8 II. CONCLUSION AND ORDER Accordingly, 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 20 21 DATED: June 16, 2010 22 23 24 25 26 27 28
-210cv1199 JAH (NLS)

IT IS SO ORDERED.

_________________________________________ HON. JOHN A. HOUSTON United States District Judge

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