Del Muro Guerrero v. Unknown

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 5/24/2017. (All non-registered users served via U.S. Mail Service)(jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Alberto Jose Del Muro Guerrero,

Case No.: 17cv1058-CAB-NLS
Plaintiff,

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v.

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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)

Unknown,
Defendant.

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Plaintiff James Lynn Hines, proceeding pro se, has filed a civil rights complaint

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pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics,

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403 U.S. 388 (1971). See Doc. No. 1. All parties instituting any civil action, suit or

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proceeding in a district court of the United States, except an application for writ of habeas

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corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914(a).1 An action may proceed

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despite a plaintiff’s failure to prepay the entire fee only if he is granted leave to proceed

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IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047,

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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.
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17cv1058-CAB-NLS

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1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

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

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commence this civil action, nor has he submitted a properly supported Motion to Proceed

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IFP pursuant to 28 U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28

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U.S.C. § 1914(a); Andrews, 493 F.3d at 1051.

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Accordingly, the Court DISMISSES this action sua sponte without prejudice for

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failure to pay the $400 civil filing and administrative fee or to submit a Motion to

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Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). The Clerk of Court is

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instructed to close the case.

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IT IS SO ORDERED.
Dated: May 24, 2017

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17cv1058-CAB-NLS