Michalk v. Michalk

Filing 5

MEMORANDUM DECISION AND ORDER This action is DISMISSED without prejudice because Plaintiff failed to pay the $350 filing fee or file a Motion toproceed in forma pauperis. Plaintiff has 30 days leave from the date this Order is filed to prepay th e entire $350 civil filing fee in full or complete and file a Motion to proceed in forma pauperis. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Wendi Lee Michalk, Plaintiff, v. Arthur William Michalk, Defendant. MEMORANDUM DECISION AND ORDER Case No. CV-08-459-S-BLW

The Court has before it Plaintiff's Petition for Order of Certification of Questions of Law (Docket No. 1). Any party instituting any civil action, suit or proceeding in a district court of the United States, other than a writ of habeas corpus, must pay a filing fee of $350. 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay if the party is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). Here, Plaintiff has neither paid the filing fee nor submitted a motion to proceed in forma pauperis. In her Petition, Plaintiff asserts that the waiver of her fees and costs pursuant to state statute in a prior state court action "equates to a federal Order to Proceed In Forma Pauperis" in the current petition before this

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federal district court. However, the authorization to proceed in forma pauperis is specific to the particular case. See 28 U.S.C. § 1915(a)(1). In this case, Plaintiff has not moved to proceed in forma pauperis. ORDER IT IS HEREBY ORDERED that this action is DISMISSED without prejudice because Plaintiff failed to pay the $350 filing fee or file a Motion to proceed in forma pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). IT IS FURTHER HEREBY ORDERED that this Court GRANTS Plaintiff thirty (30) days leave from the date this Order is stamped "Filed" to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to proceed in forma pauperis. If Plaintiff fails to either pay the civil filing fee or submit a motion to proceed in forma pauperis within that time, this action shall remain dismissed without prejudice and without further order of the Court. IT IS SO ORDERED. DATED: February 24, 2009

Honorable B. Lynn Winmill Chief U. S. District Judge
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