Alcantara 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): Plaintiff is granted forty five (45) days leave 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 complete and submit the Motion to Proceed I FP within that time, this action shall remain dismissed without prejudice and without further Order of the Court. Signed by Judge William Q. Hayes on 4/25/2014. (All non-registered users served via U.S. Mail Service, along with a blank IFP Motion form.) (mdc)

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;. " 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 JOSE ALCANTARA Inmate Booking No. A034544425, Plaintiff, 14 vs. 15 16 17 SIX UNKNOWN NAMES AGENTS; BARACK OBAMA, 18 Civil No. 14cv0914 WQH (DHB) ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEES 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. 19 20 21 22 23 24 Plaintiff, currently detained at the Etowah County Detention Center in Gadsden, 25 Alabama, and proceeding pro se, filed a one-page complaint entitled "Civil Rights 26 Action with the Writ of Summons and Complaint" "under 42 U.S.C. § 1983" on April 27 15,2014 (ECF Doc. No.1). 28 / / / I:\Everyone\_BFILE-PROSE\WQH\14cv09I4-dsffi-no-pay-IFP.wpd -1- 140v0914 WQH (DHB) (' . 1 I. FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS 2 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(a).1 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 28l).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). 8 Plaintiff has not prepaid the $400 in filing and administrative fees required to 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); 11 Andrews, 493 F.3d at 1051. 12 II. CONCLUSION AND ORDER 13 For the reasons set forth above, the Court hereby: 14 (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 17 (2) 18 filed to: GRANTS Plaintiffforty 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 of his trust 20 account statement for the 6-month period preceding the filing of his Complaint. See 28 21 U.S.C. § 1915(a)(2); S.D. CAL. ClvLR 3.2(b). 22 IT IS FURTHER ORDERED that the Clerk ofthe Court shall provide Plaintiff 23 with this Court's approved form "Motion and Declaration in Support of Motion to 24 Proceed In Forma Pauperis." IfPlaintifffails to either prepay the $400 civil filing fee 25 26 1 In addition to the $350 statutory fee, all parties filing civil actions on or after May 1, 27 2013, must pay an additional administrative fee of$50. See 28 U.S.C. § 1914(a), (b); Judicial Conference Schedule of Fees, 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. J:\Everyone\_EFILE-PRQSB\WQffiI4cv0914-dsm-no-pay-IFP.wpd -2- 14cv0914 WQH (DHB) " " 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 the Court. 3 DATED: #~y ~/ HaN. WILLI Q. HAYES United States DistrIct Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I:\EveryoD6\...EFILE-PROSB\WQffiI4cv0914.dsm-no-pay-lFP.wpd -3- 14cv0914 WQH (DHB)

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