Hines v. California Department of Corrections and Rehabilitation et al

Filing 2

ORDER Dismissing Civil Action Without Prejudice for Failing to Pay Filing Fee 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). Signed by Judge Cathy Ann Bencivengo on 5/23/2017. (Copy not mailed, address is unserviceable)(jjg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAMES LYNN HINES, Case No.: 17cv1013-CAB-BLM Plaintiff, 12 13 v. 14 ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEE 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) CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al, 15 16 Defendant. 17 18 Plaintiff James Lynn Hines, proceeding pro se, has filed a civil rights complaint 19 pursuant to 42 U.S.C. § 1983. See Doc. No. 1. All parties instituting any civil action, suit 20 or proceeding in a district court of the United States, except an application for writ of 21 habeas corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914(a).1 An action may 22 proceed despite a plaintiff’s failure to prepay the entire fee only if he is granted leave to 23 proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 24 25 26 1 27 28 In addition to the $350 statutory fee, civil litigants 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, § 14 (eff. Dec. 1, 2014). The additional $50 administrative fee does not apply to persons granted leave to proceed IFP. Id. 1 17cv1013-CAB-BLM 1 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 2 Plaintiff has not prepaid the $400 in filing and administrative fees required to 3 commence this civil action, nor has he submitted a properly supported Motion to Proceed 4 IFP pursuant to 28 U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28 5 U.S.C. § 1914(a); Andrews, 493 F.3d at 1051. 6 Accordingly, the Court DISMISSES this action sua sponte without prejudice for 7 failure to pay the $400 civil filing and administrative fee or to submit a Motion to 8 Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). The Clerk of Court is 9 instructed to close the case. 10 11 IT IS SO ORDERED. Dated: May 23, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17cv1013-CAB-BLM

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