Benjamin et al v. JP Morgan Chase Bank et al
ORDER DISMISSING CASE. Signed by JUDGE DERRICK K. WATSON on 1/30/2017. Because Plaintiffs have not paid the proper filing fee, filed a Notice of Withdrawal of the civil action, or filed an IFP application, the Court DIS MISSES the civil action, Civil No. 16-00675 DKW-KJM (formerly Misc. No. 16-00359 DKW-KJM). The Clerk of Court is directed to refund to Plaintiffs the full amount of the filing fee paid on December 19, 2016. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
ESTELITO BENJAMIN JR. AND
KIMBERLY JO OF THE HOUSE OF
CASTILLON, INDIVIDUALLY AND
ON BEHALF OF THE HEIRS OF
THE HOUSE OF CASTILLON AND
CIV. NO. 16-00675 DKW-KJM
[formerly MC 16-000359 DKW-KJM]
ORDER DISMISSING CASE
JPMORGAN CHASE BANK, et al.,
ORDER DISMISSING CASE
On December 19, 2016, Plaintiffs Estelito Benjamin Jr. and Kimberly Jo of
the House of Castillon, proceeding pro se, filed a new action entitled in part,
“Judicial Notice/Admissions: Affidavit and Complaint/Writ of Assistance and
Expedition/Writ of Safe Passage” and paid a $47 filing fee.1 On December 29,
2016, the Court converted the miscellaneous case to a civil case, and issued a
Deficiency Order. Dkt. No. 3. That same day, the Court mailed the Deficiency
The Court incorrectly identified the amount of the filing fee as $58 in the December 29, 2016
Deficiency Order. Of the $58 paid by Plaintiffs on December 19, 2016, $47 represented the
filing fee and $11 represented a document certification fee.
Order and an application to proceed in forma pauperis (“IFP”) to Plaintiffs at the
The Deficiency Order granted Plaintiffs leave to take one of the following
actions by January 27, 2017: (a) pay the balance of the $400 filing fee; (b) file a
Notice of Withdrawal of this action and obtain reimbursement of the filing fee they
have already paid to the Clerk’s Office; or (c) submit a completed and executed
IFP application on the form provided by the Court with the Deficiency Order.
The Deficiency Order cautioned Plaintiffs that failure to take one of these
actions by January 27, 2017 will result in the automatic dismissal of this case for
failure to prosecute or otherwise follow a court order. See Fed. R. Civ. P. 41(b);
Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (stating that the district
court has authority to dismiss the complaint for failure to pay partial filing fee); In
re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of
pro se litigant for failure to pay required filing fees).
Because Plaintiffs have not paid the proper filing fee, filed a Notice of
Withdrawal of the civil action, or filed an IFP application, the Court DISMISSES
the civil action, Civil No. 16-00675 DKW-KJM (formerly Misc. No. 16-00359
DKW-KJM). The Clerk of Court is directed to refund to Plaintiffs the full amount
of the filing fee paid on December 19, 2016.
IT IS SO ORDERED.
DATED: January 30, 2017 at Honolulu, Hawaii.
Castillon v. JPMorgan Chase Bank et al., CV. 16-00675 DKW-KJM; ORDER
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