Ayala v. Fermon et al

Filing 2

ORDER DISMISSING Civil Action Without Prejudice For Failing to Pay Filing Fee Required and/or Failing to Move to Proceed In Forma Pauperis. Plaintiff is Granted forty-five (45) days to pay the entire $400 filing and administrative fee in full , or complete and 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. Plaintiff provided new IFP Form. Signed by Judge Gonzalo P. Curiel on 8/1/2014. (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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JONATHAN AYALA,
CDCR #F-25736

Civil No.

Plaintiff,

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vs.

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14cv1794 GPC (JLB)

ORDER DISMISSING CIVIL
ACTION WITHOUT PREJUDICE
FOR FAILING TO PAY
FILING FEE REQUIRED
AND/OR FAILING TO MOVE TO
PROCEED IN FORMA PAUPERIS

W. FERMON; W.L. MONTGOMERY,

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Defendants.

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Plaintiff, currently housed at Calipatria State Prison, located in Calipatria,

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23 California, filed this action on July 25, 2014.
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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

26 the United States, except an application for writ of habeas corpus, must pay a filing fee
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14cv1794 GPC (JLB)

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).

Plaintiff has not prepaid the $400 in filing and administrative fees required to

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5 commence a civil action, nor has he submitted a Motion to Proceed IFP pursuant to 28
6 U.S.C. § 1915(a). Thus, the case cannot yet proceed. See 28 U.S.C. § 1914(a).
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Conclusion and Order

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For the reasons set forth above, the Court:

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(1)

DISMISSES this action without prejudice for failing to pay the $400 civil

10 filing and administrative fee or submit a Motion to Proceed IFP pursuant to 28 U.S.C.
11 §§ 1914(a) and 1915(a); and
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(2)

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

13 filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or
14 (b) complete and file a Motion to Proceed IFP which includes a certified copy of his trust
15 account statement for the 6-month period preceding the filing of his Complaint. See 28
16 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 will provide Plaintiff

18 with this Court’s approved form “Motion and Declaration in Support of Motion to
19 Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee
20 or complete and submit the enclosed Motion to Proceed IFP within that time, this action
21 will remain dismissed without prejudice and without further Order of the Court.
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DATED: August 1, 2014

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HON. GONZALO P. CURIEL
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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14cv1794 GPC (JLB)