Moore et al v. Knell V. FIA Card Services N.A. et al

Filing 2

ORDER DISMISSING CASE without prejudice for failing to pay filing fee and failing to move to proceed informa pauperis. The Court grants Plaintiff forty five (45) days leave from the date this Order is filed to (a) prepay the entire $400 civil fi ling and administrative fee in full; or (b) complete and file a Motion to Proceed IFP which includes a certified copy of her trust account statement for the 6-month period preceding the filing of his Complaint. Signed by Judge Larry Alan Burns on 3/27/14 (All non-registered users served via U.S. Mail Service)(IFP form to plaintiff)(kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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B. ELIZABETH DURANTY MOORE,
et al.,
Inmate Booking No. 17162298,
Plaintiff,

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vs.

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KNELL V. FIA CARD SERVICES, N.A.;
ENCORE RECEIVABLE
MANAGEMENT,

Civil No.

14cv0666 LAB (RBB)

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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Plaintiff, currently incarcerated at the Western Regional Detention Center located

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24 in San Diego, California, and proceeding pro se, has filed a civil action.
25 I.

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

27 the United States, except an application for writ of habeas corpus, must pay a filing fee
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14cv0666 LAB (RBB)

1 of $400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a party’s failure to
2 pay this filing fee only if the party is granted leave to proceed in forma pauperis (“IFP”)
3 pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th
4 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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6 commence a civil action, nor has she submitted a Motion to Proceed IFP pursuant to 28
7 U.S.C. § 1915(a). Therefore, the case cannot yet proceed. See 28 U.S.C. § 1914(a);
8 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

12 $400 civil filing and administrative fee or submit a Motion to Proceed IFP pursuant to
13 28 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

15 filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or
16 (b) complete and file a Motion to Proceed IFP which includes a certified copy of her trust
17 account statement for the 6-month period preceding the filing of his Complaint. See 28
18 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b).
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IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff

20 with this Court’s approved form “Motion and Declaration in Support of Motion to
21 Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee
22 or complete and submit the enclosed Motion to Proceed IFP within that time, this action
23 shall remain dismissed without prejudice and without further Order of the Court.
24 DATED: March 27, 2014

HONORABLE LARRY ALAN BURNS
United States District Judge

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In addition to the $350 statutory fee, all parties filing civil actions on or after May 1, 2013,
must pay an additional administrative fee of $50. See 28 U.S.C. § 1914(a) (Judicial Conference
Schedule of Fees, District Court Misc. Fee Schedule) (eff. May 1, 2013). However, the additional $50
administrative fee is waived if the plaintiff is granted leave to proceed IFP. Id.
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14cv0666 LAB (RBB)