Quintanilla v. Six Unknown Names Agents et al

Filing 2

ORDER DISMISSING CIVIL ACTION Without Prejudice For Failing To Pay Filing Fees 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 forty five (45) days leave from the date this Order is filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP. If Plaintiff fails to either prepay the $400 civil filing fee or com plete the Motion to Proceed IFP within that time, this action shall remain dismissed without prejudice and without further Order of the Court. Signed by Judge William Q. Hayes on 3/25/2014. (All non-registered users served via U.S. Mail Service, along with a blank IFP Motion form.) (mdc) Modified on 3/27/2014 - Plaintiff's name appears on the document as Louis Qunitanilla. (mdc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LOUIS QUNITANILLA,
Inmate Booking No. A205753262,

Civil
No.

Plaintiff,

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vs.

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SIX UNKNOWN NAMES AGENTS;
BARACK OBAMA,

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14cv0628 WQH (MDD)

ORDER DISMISSING CIVIL
ACTION WITHOUT PREJUDICE
FOR FAILING TO PAY
FILING FEES REOUIRED
BY 28 U.S.C. § 1914(a) AND/OR
FAILING TO'MOV:E TO
PROCEED IN FORMA PAUPERIS
PURSUANT TO 28 U.S.C. § 1915(a)

Defendants.

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Plaintiff, currently detained at the Etowah County Detention Center in Gadsden,

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Alabama, and proceeding pro se, filed an incomprehensible one-page complaint entitled

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"Civil Rights Action with the Writ of Summons and Complaint" "under 42 U.S.C.

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§ 1983" on March 17,2014 (ECF Doc. No. 1).

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14cv04628 WQH (MDD)

1 I.

FAILURE TOPAV FILING FEE ORREQUESTIFP STATUS

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

3 the United States, except an application for writ of habeas corpus, must pay a filing fee
4 of$400. See 28 U.S.C. § 1914(aV An action may proceed despite a party's failure to
5 pay this filing fee only ifthe party is granted leave to proceed in forma pauperis ("IFP")
6 pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th
7 Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
Plaintiff has not prepaid the $400 in filing and administrative fees required to

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9 commence a civil action, nor has he submitted a Motion to Proceed IFP pursuant to 28
10 U.S.C. § 1915(a). Therefore, the case cannot yet proceed. See 28 U.S.C. § 1914(a);
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Andrews, 493 F.3d at 1051.

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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

15 $400 civil filing and administrative fee or submit a Motion to Proceed IFP pursuant to
16 28 U.S.C. § 1914(a) and § 1915(a); and
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(2)

18 filed to:

GRANTS Plaintiff forty five (45) days leave from the date this Order is
(a) prepay the entire $400 civil filing and administrative fee in full; or

19 (b) complete and file a Motion to Proceed IFP which includes a certified copy ofhis trust
20 account statement for the 6-month period preceding the filing of his Complaint. See 28
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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 Plaintiff

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with this Court's approved form "Motion and Declaration in Support of Motion to

24 Proceed In Forma Pauperis." If Plaintiff fails to either prepay the $400 civil filing fee
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1 In addition to the $350 statutory fee, allfarties filing civil actions on or after May 1,
27 2013, must pay an additional administrative fee 0 $50. See 28 U.S.C. § 1914(a), (b); Judicial
Conference Schedule ofFees, District Court Misc. Fee Schedule, eff. May 1,2013. However,
28 the additional $50 administrative fee is waived if the plaintiff is granted leave to proceed IFP.
Id.
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14cv04628 WQH (MDD)

1 or complete and submit the enclosed Motion to Proceed IFP within that time, this action

2 shall remain dismissed without prejudice and without further Order of t e Court.
3 DATED:

.7p{Uy'

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HON. WILLIAM Q.
YES

United States Distnc Judge

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