Brashear v. Adams et al

Filing 2

ORDER Dismissing Civil Action For Failing To Pay Filing Fees Pursuant To 28 U.S.C. Section 1914(a) And For Failing To Move In Forma Pauperis Pursuant To 28 U.S.C. Section 1915(a): The Court grants Plaintiff 45 days leave from the date this Order is f iled to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to Proceed In Forma Pauperis. If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the Motion to Proceed In Form a Pauperis within that time, this action shall remain dismissed without prejudice and without further Order of the Court. Signed by Judge William Q. Hayes on 9/13/2010. (All non-registered users served via U.S. Mail Service; per Order, a blank IFP motion form also was sent to Plaintiff.) (mdc)

-AJB Brashear v. Adams et al

Doc. 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 I. 21 vs. DERRAL ADAMS, et al., Defendants. DEMETRIUS KING BRASHEAR, CDCR #E-31610, Plaintiff,
Civil No. 10-1874 WQH (AJB)

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 FOR FAILING TO MOVE IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

Plaintiff, currently incarcerated at California State Prison, Corcoran, and proceeding pro

19 se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. 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

22 States, other than a writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. 23 § 1914(a). An action may proceed despite a party's failure to pay only if the party is granted 24 leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See Andrews v. 25 Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th 26 Cir. 1999). However, Plaintiff has not prepaid the $350 filing fee required to commence a civil 27 action; nor has he submitted a Motion to Proceed IFP. Therefore, the case must be dismissed 28 pursuant to 28 U.S.C. § 1914(a).
-110cv1874 WQH (AJB)

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Dockets.Justia.com

1 II. 2 3

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

4 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and 5 (2) GRANTS Plaintiff forty five (45) days leave from the date this Order is filed to:

6 (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to Proceed 7 IFP which includes a certified copy of his trust account statement for the 6-month period 8 preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b). 9 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the 10 Court's form "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis." 11 If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the enclosed 12 Motion to Proceed IFP within that time, this action shall remain dismissed without prejudice and 13 without further Order of the Court. 14 IT IS SO ORDERED. 15 DATED: September 13, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28
-210cv1874 WQH (AJB)

WILLIAM Q. HAYES United States District Judge

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