Toycen v. Municipal Court Yakima et al

Filing 9

ORDER DISMISSING ACTION WITHOUT PREJUDICE - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Salvador Mendoza, Jr. (TR, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jun 22, 2016
SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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BILLY EDWARD TOYCEN,
NO: 1:16-CV-03042-SMJ

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Plaintiff,

ORDER DISMISSING ACTION

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v.
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YAKIMA MUNICIPAL COURT,
JEFF BENGE, OFFICER WILLIAMS,
WILLIAM BENGE, OFFICER
INSLEE and DORTHY BENGE,
Defendants.

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Plaintiff initiated this action while incarcerated at the Yakima County Jail.
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He had not provided all the information necessary to proceed in forma pauperis
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with his initial documents. A letter advising him of this deficiency was sent to him
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at the Yakima County Jail, but returned as undeliverable on April 11, 2016, ECF
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No. 5. In the interim, Plaintiff provided an alternative address, but mail routed to
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that address was also returned as undeliverable. ECF No. 7.
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It was no longer apparent that Mr. Toycen was a prisoner. Because there is
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no mechanism for collecting the filing fee in partial payments as mandated by the
ORDER DISMISSING ACTION --1

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statute once a prisoner has been released from incarceration, 28 U.S.C. §

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1915(b)(2), the Court instructed Plaintiff to complete and file a new financial

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affidavit, to pay the full $400.00 fee ($350.00 filing fee + $50.00 administrative

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fee), or to demonstrate that he was still incarcerated.

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mailed to Plaintiff at the address he provided, but returned as undeliverable. ECF

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No. 8. Plaintiff has not kept the Court apprised of his address and he has not

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complied with the Court’s directives.

A copy of the Order was

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Therefore, IT IS ORDERED that this action is DISMISSED WITHOUT

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PREJUDICE for failure to keep the Clerk of Court informed of Plaintiff’s current

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address.

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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

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enter judgment, forward a copy to Plaintiff at his last known address and close the

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file. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this

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Order would not be taken in good faith and would lack any arguable basis in law or

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fact.

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DATED this 22nd day of June 2016.

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SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DISMISSING ACTION --2