Heizelman v. Garcia et al

Filing 3

ORDER DISMISSING CASE; the Court 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 grants Plaintiff forty five (4 5) 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 which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint; Signed by Judge Larry Alan Burns on 9/16/10 (Motion for IFP form also mailed to plaintiff)(All non-registered users served via U.S. Mail Service)(kaj)

Download PDF
- P O R Heizelman v. Garcia et al Doc. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G A R C IA , et al., D e f e n d a n ts . vs. R O B E R T HEIZELMAN, B O P #20068-298, P l a in t i f f , O R D E R DISMISSING CIVIL A C T I O N FOR FAILING TO PAY F I L I N G FEES PURSUANT TO 28 U.S.C. § 1914(a) AND FOR F A IL IN G TO MOVE IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a) Civil No. 10-1896 LAB (POR) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, currently incarcerated at Metropolitan Correctional Center, and proceeding pro s e , has filed a civil rights complaint. I. F AILURE TO PAY FILING FEE OR REQUEST IFP STATUS A n y party instituting a civil action, suit or proceeding in a district court of the United S ta te s , 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 le a v e to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See Andrews v. C e rv a n te s, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th C ir. 1999). However, Plaintiff has not prepaid the $350 filing fee required to commence a civil a c tio n ; nor has he submitted a Motion to Proceed IFP. Therefore, the case must be dismissed p u rsua n t to 28 U.S.C. § 1914(a). K:\COMMON\EVERYONE\_EFILE-PROSE\LAB\10cv1896-dsm-no-pay-IFP.wpd. -1- 10cv1896 LAB (POR) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. C o n c lu s io n and Order F o r the reasons set forth above, the Court hereby: (1 ) D I S M I S S E S this action sua sponte without prejudice for failing to pay the $350 f ilin g fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and (2 ) G R A N T S 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 I F P which includes a certified copy of his trust account statement for the 6-month period p re c e d in g the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b). I T IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the C o u r t' s 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 enclosed M o tio n to Proceed IFP within that time, this action shall remain dismissed without prejudice and w ith o u t further Order of the Court. I T IS SO ORDERED. D A T E D : September 16, 2010 H ONORABLE LARRY ALAN BURNS U n ite d States District Judge K:\COMMON\EVERYONE\_EFILE-PROSE\LAB\10cv1896-dsm-no-pay-IFP.wpd. -2- 10cv1896 LAB (POR)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?