Kalincheva v. Neubarth

Filing 3

ORDER OF DISMISSAL. Because Plaintiff has neither paid the filing fee nor moved to proceed IFP, the complaint is dismissed without prejudice. No later than January 5, 2015, Kalincheva must either pay the filing fee or file a motion to proceed IFP, and must also file an amended complaint. If she does not do so, this action will be dismissed for failure to prosecute. Signed by Judge Larry Alan Burns on 12/2/14.(All non-registered users served via U.S. Mail Service)(kas)(jrd)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

MAGDALINA KALINCHEVA ,

12
13

CASE NO. 13cv1046-LAB (WVG)
Plaintiff,

ORDER OF DISMISSAL

vs.
JESSE NEUBARTH,

14

Defendant.

15
16

On May 1, 2013, Plaintiff Magdalina Kalincheva filed a complaint without paying the

17

required filing fee or moving to proceed in forma pauperis. All parties instituting any civil

18

action, suit or proceeding in any district court of the United States, except an application for

19

writ of habeas corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914(a). An action

20

may proceed despite a party’s failure to pay this filing fee only if the party is granted leave

21

to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). See Andrews v.

22

Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177

23

(9th Cir. 1999). Because Plaintiff has neither paid the filing fee nor moved to proceed IFP,

24

the complaint is DISMISSED WITHOUT PREJUDICE.

25

The complaint, as it stands now, would be subject to screening and dismissal if

26

Kalincheva moved to proceed in forma pauperis.

27

incomprehensible, often consisting of random words and phrases instead of complete

28

sentences.

The body of the complaint is

It does not comply with Fed. R. Civ. P. 8's “short and plain statement"
-1-

13cv1046

1

requirement, nor is it possible to say with any certainty what Kalincheva’s claims are or why

2

she believes she is entitled to relief.

3

No later than January 5, 2015, Kalincheva must either pay the filing fee or file a

4

motion to proceed IFP, and must also file an amended complaint. If she does not do so, this

5

action will be dismissed for failure to prosecute. If Kalincheva files an amended complaint,

6

the amendments should address these issues. Kalincheva is required to support her claims

7

by factual allegations, not merely legal conclusions. If she files an amended complaint that

8

does not correct these defects, it may be dismissed with prejudice.

9
10

IT IS SO ORDERED.

11

DATED: December 2, 2014

12
13

HONORABLE LARRY ALAN BURNS
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

13cv1046