Callender v. Riverside County Sheriff's Department

Filing 2

ORDER DISMISSING CASE. Court dismisses this action sua sponte without prejudice. Plaintiff is granted forty-five (45) days leave from the date of this Order is filed to: a) pay the required filing fees, or b) complete and submit a motion to proceed IFP. Signed by Judge Cynthia Bashant on 4/14/2017. (jah). Modified on 4/14/2017 - Unable to serve Order on Plaintiff, no mailing address provided (jah).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 EDWARD CALLENDER, Plaintiff, 12 13 14 15 16 Case No. 17-cv-00248-BAS-JLB v. ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT, Defendants. 17 18 19 On February 7, 2017, Plaintiff Edward Callender brought this claim against 20 Defendant Riverside County Sheriff Department alleging what appears to be a 21 violation of the Americans with Disabilities Act. (ECF No. 1.) In the ensuing two 22 months, however, Plaintiff has neither paid the requisite filing fees, nor filed a request 23 to proceed in forma pauperis (“IFP”). 24 With the exception of prisoners petitioning for writ of habeas corpus, any party 25 instituting a civil action in federal district court must pay filing and administrative fees 26 totaling $400. See 28 U.S.C. § 1914(a) (“The clerk of each district court shall require 27 the parties instituting any civil action, suit or proceeding in such court . . . to pay a 28 filing fee of $350[.]”); Judicial Conference Schedule of Fees, District Court Misc. Fee –1– 17cv248 1 Schedule ¶ 14 (eff. Dec. 1, 2016) (“Administrative fee for filing civil action, suit, or 2 proceeding in a district court [is] $50.”) “Where a litigant fails to file such a fee, it is 3 within the power of the court to dismiss the action.” Vafiadis v. Small Bus. Admin., 4 No. C–94–1909 DLJ, 1994 WL 412435, at *1 (N.D. Cal. July 28, 1994) (citation 5 omitted). Here, Plaintiff has not paid the requisite $400 in fees, nor has he submitted 6 a properly supported motion to proceed IFP. Accordingly, the Court DISMISSES this 7 action sua sponte without prejudice. Plaintiff is granted forty-five (45) days leave from 8 the date this Order is filed to (a) pay the required filing fees; or (b) complete and 9 submit a motion to proceed IFP. 10 The Clerk shall close the file. 11 IT IS SO ORDERED. 12 13 DATED: April 14, 2017 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 –2– 17cv248

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