Lappe v. Clark 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). (IFP Form mailed). Signed by Judge Cathy Ann Bencivengo on 7/13/2017.(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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Case No.: 17cv1410-CAB-KSC
ELMER LAPPE,

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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)

Plaintiff,
v.
PSYCH CLARK, et al.
Defendants.

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Elmer Lappe (“Plaintiff”), proceeding pro se, has filed a civil action. (ECF No. 1).

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I.

Failure to Pay Filing Fee or Request IFP Status
All parties instituting any civil action, suit or proceeding in a district court of the

United States, except an application for writ of habeas corpus, must pay a filing fee of

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$400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure to

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prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C.

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§ 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v.

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Cook, 169 F.3d 1176, 1177 (9th Cir. 1999); S.D. Cal. CivLR 3.2.

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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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II.

Conclusion and Order

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For the reasons set forth above, the Court hereby:

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(1)

DISMISSES this action sua sponte without prejudice for failure to pay the

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$400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to

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28 U.S.C. §§ 1914(a) and 1915(a), and S.D. Cal. Civ.LR 3.2; and

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(2)

GRANTS Plaintiff forty-five (45) days leave from the date this Order is

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filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b)

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complete and file a Motion to Proceed IFP. See 28 U.S.C. § 1915(a)(2); S.D. Cal. CivLR

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3.2.

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IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff

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with this Court’s approved form “Motion and Declaration in Support of Motion to

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Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee or

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complete and submit the enclosed Motion to Proceed IFP within 45 days, this action will

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remain dismissed without prejudice based on Plaintiff’s failure to satisfy 28 U.S.C.

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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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§ 1914(a)’s fee requirements and without further Order of the Court.
IT IS SO ORDERED.
Dated: July 13, 2017

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