Winters v. Vanicek et al

Filing 8

ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE. Signed by Judge Stanley A Bastian. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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10 GARY ALLEN WINTERS,
Plaintiff,

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1:15-cv-03123-SAB

v.

ORDER DISMISSING

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COMPLAINT WITHOUT

14 SERGEANT JOSEPH VANICEK and

PREJUDICE

15 UNION GAP POLICE CHIEF,
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Defendants.

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By Order filed September 2, 2015, the Court instructed Mr. Winters to file a

19 new application to proceed in forma pauperis. Plaintiff had initiated this action
20 pursuant to 42 U.S.C. § 1983, and indicated on the complaint form that he had
21 been released from incarceration. ECF No. 1. The transmittal envelope indicated
22 a residential address in Yakima, Washington. ECF No. 1-2. He sought leave to
23 proceed in forma pauperis.
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Under the Prison Litigation Reform Act, there is no mechanism for

25 collecting the filing fee in partial payments as mandated by the statute once a
26 prisoner has been released from incarceration. 28 U.S.C. § 1915(b)(2). Therefore,
27 Plaintiff was told to file a new in forma pauperis application within thirty (30)
28 days. A copy of the Order was mailed to Plaintiff, but returned on September 16,
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE -- 1

1 2015, as undeliverable. Plaintiff has not kept the court informed of his current
2 address and has filed nothing further in this action.
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On September 30, 2015, Attorney Kirk A. Ehlis, entered a notice of

4 appearance on behalf of the named Defendants. The Court did not direct a
5 response to the complaint under 42 U.S.C. § 1997e(g)(1), and no answer has been
6 filed. Indeed, this action has not yet commenced as the filing fee was not paid as
7 required by 28 U.S.C. § 1914, and an appropriate application to proceed in forma
8 pauperis by a non-prisoner has not been filed.
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Therefore, IT IS ORDERED the Complaint is DISMISSED without

10 prejudice for want of prosecution.
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IT IS SO ORDERED. The District Court Executive is directed to enter

12 this Order, forward a copy to Plaintiff at his last known address, and close the file.
13 Defendants’ counsel shall receive notice electronically in the ordinary course of
14 business.
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DATED this 5th day of October 2015.

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Stanley A. Bastian

United States District Judge

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ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE -- 2