In re Michael Williams

Filing 8

ORDER DISMISSING CIVIL ACTION Without Prejudice For Failing To Pay Filing Fee Required By 28 U.S.C. Section 1914(a) And/Or Failing To Move To Proceed In Forma Pauperis Pursuant To 28 U.S.C. Section 1915(a): The Court GRANTS Plaintiff 45 days leave fr om 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 In Forma Pauperis. If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit th e Motion to Proceed In Forma 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 7/2/2012. (All non-registered users served via U.S. Mail Service; per Order, a blank IFP Motion form also was mailed to Plaintiff.) (mdc)

FILED'

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[ JUL - 3 2012

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BY

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

to
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MICHAEL WILLIAMS,
CDCR # T-3010I,

Civil No.
Plaintiff,

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vs.

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I2cvI449 WQH (NLS)

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

DR. A. SANGHA; JOHN DOE 1;
JOHN DOE 2; JANE AND/OR
JOHN DOES 1-50,

PURSUANT TO
28 U.S.C. § 1915(a)

Defendants.

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Plaintiff, an inmate currently incarcerated at Centinela State Prison located in Imperial,

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California, and proceeding pro se, initially filed this civil rights action pursuant to 42 U.S.C.

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§ 1983 in the Northern District ofCalifornia. [ECF No.1.] United States District Judge Yvonne

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Gonzalez Rogers determined that venue was proper in the Southern District of California and

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transferred the matter on June 13,2012. After the matter was transferred, Plaintiff filed a First

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Amended Complaint. [ECF No.7.]

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FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS

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All parties instituting any civil action, suit or proceeding in any district court of the

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United States, except an application for writ ofhabeas corpus, must pay a filing fee of$350. See
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12cv1449 WQH (NLS)

1 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay this filing fee only
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if the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C.

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§ 1915(a). See Andrews v. Cervantes,493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook,

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169 F.3d 1176, 1177 (9th Cir. 1999).
Because Plaintiffhas neither prepaid the $350 filing fee mandated by 28 U. S. C. § 1914(a)

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6 to commence a civil action; nor filed a Motion to Proceed In Forma Pauperis ("IFP") pursuant
7 to 28 U.S.C. § 1915(a), this action case must be dismissed pursuantto 28 U.S.C. § 1914(a). Id

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Conclusion and Order

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F or the reasons set forth above, the Court hereby:

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DISMISSES this action sua sponte without prejudice for failing to pay the $350

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

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(a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to Proceed

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IFP which includes a certified copy of his trust account statement for the 6-month period

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preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. CAL. ClvLR 3.2(b).

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IT IS FURTHER ORDERED that the Clerk ofthe Court shall provide Plaintiffwith this

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Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma

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Pauperis." IfPlaintiff fails to either prepay the $350 civil filing fee or complete and submit the

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prejudice and without further Order of the Court.

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DATED:

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