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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EDWARD CALLENDER,
Plaintiff,

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Case No. 17-cv-00248-BAS-JLB

v.

ORDER DISMISSING
COMPLAINT WITHOUT
PREJUDICE

RIVERSIDE COUNTY SHERIFF’S
DEPARTMENT,
Defendants.

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On February 7, 2017, Plaintiff Edward Callender brought this claim against

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Defendant Riverside County Sheriff Department alleging what appears to be a

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violation of the Americans with Disabilities Act. (ECF No. 1.) In the ensuing two

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months, however, Plaintiff has neither paid the requisite filing fees, nor filed a request

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to proceed in forma pauperis (“IFP”).

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With the exception of prisoners petitioning for writ of habeas corpus, any party

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instituting a civil action in federal district court must pay filing and administrative fees

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totaling $400. See 28 U.S.C. § 1914(a) (“The clerk of each district court shall require

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the parties instituting any civil action, suit or proceeding in such court . . . to pay a

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filing fee of $350[.]”); Judicial Conference Schedule of Fees, District Court Misc. Fee
–1–

17cv248

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Schedule ¶ 14 (eff. Dec. 1, 2016) (“Administrative fee for filing civil action, suit, or

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proceeding in a district court [is] $50.”) “Where a litigant fails to file such a fee, it is

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within the power of the court to dismiss the action.” Vafiadis v. Small Bus. Admin.,

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No. C–94–1909 DLJ, 1994 WL 412435, at *1 (N.D. Cal. July 28, 1994) (citation

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omitted). Here, Plaintiff has not paid the requisite $400 in fees, nor has he submitted

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a properly supported motion to proceed IFP. Accordingly, the Court DISMISSES this

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action sua sponte without prejudice. Plaintiff is granted forty-five (45) days leave from

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the date this Order is filed to (a) pay the required filing fees; or (b) complete and

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submit a motion to proceed IFP.

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The Clerk shall close the file.

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IT IS SO ORDERED.

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DATED: April 14, 2017

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–2–

17cv248