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