Roettgen v. Foston et al

Filing 4

ORDER DISMISSING CIVIL ACTION For Failing to Pay Filing Fee Required by 28 U.S.C. § 1914(a) and/or Failing to Move to Proceed In Forma Pauperis Pursuant to 28 U.S.C. § 1915(a). Plaintiff is Granted forty-five (45) days to pay the entire & #036;350 filing fee and $50 administrative fee in full, or (2) file a new 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 Gonzalo P. Curiel on 5/31/2013. Plaintiff provided with new IFP Form. (All non-registered users served via U.S. Mail Service)(srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOHN ROETTGEN,
CDCR #V-05142,

Civil No.

Plaintiff,

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vs.

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D. FOSTON, et al.,

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13cv1101 GPC (BGS)

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
PURSUANT TO
28 U.S.C. § 1915(a)

Defendants.

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John Roettgen (“Plaintiff”), currently housed at the Richard J. Donovan Correctional

21 Facility (“RJD”) located in San Diego, California, and proceeding pro se, has filed a civil action
22 pursuant to 42 U.S.C. § 1983.
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Failure to Pay Filing Fee or Request IFP Status
All parties instituting any civil action, suit or proceeding in any district court of the

25 United States, except an application for writ of habeas corpus, must pay a filing fee of $350
26 filing pursuant to 28 U.S.C. § 1914(a). In addition, all parties filing civil actions must pay an
27 additional administrative fee of $50. An action may proceed despite a party’s failure to pay the
28 filing fee only if the party is granted leave to proceed in forma pauperis (“IFP”) pursuant to 28

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13cv1101 GPC (BGS)

1 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez
2 v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). If a party is granted IFP status, the $50
3 administrative fee is waived.
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Plaintiff has not prepaid the $350 filing fee and $50 administrative fee required to

5 commence a civil action, nor has he submitted a Motion to Proceed IFP pursuant to 28 U.S.C.
6 § 1915(a). Therefore, the action cannot yet proceed. Id.
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Conclusion and Order

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For the reasons set forth above, the Court hereby:

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(1)

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

10 filing fee, along with the $50 administrative fee or file a Motion to Proceed IFP pursuant to 28
11 U.S.C. §§ 1914(a) and 1915(a); and
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(2)

GRANTS Plaintiff forty five (45) days leave from the date this Order is filed to:

13 (a) prepay the entire $350 civil filing fee and $50 administrative fee in full; or (b) complete and
14 file a Motion to Proceed IFP which includes a certified copy of his trust account statement for
15 the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. CAL.
16 CIVLR 3.2(b). If Plaintiff chooses to file a Motion to Proceed IFP which the Court later grants,
17 the $50 administrative fee will be waived.
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IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with this

19 Court’s approved form “Motion and Declaration in Support of Motion to Proceed In Forma
20 Pauperis.” If Plaintiff fails to either prepay the $350 civil filing fee, along with the $50
21 administrative fee or complete and submit the enclosed Motion to Proceed IFP within that time,
22 this action shall remain dismissed without prejudice and without further Order of the Court.
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24 DATED: May 31, 2013
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HON. GONZALO P. CURIEL
United States District Judge

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13cv1101 GPC (BGS)