Liles v. Knezovich et al

Filing 4

ORDER OF DISMISSAL WITHOUT PREJUDICE. File Closed. Signed by Judge Rosanna Malouf Peterson. (TR, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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

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Mar 31, 2021

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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CANDI LEE LILES,
Plaintiff,

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v.

NO: 2:20-CV-353-RMP
ORDER OF DISMISSAL WITHOUT
PREJUDICE

OZZIE KNEZOVICH; ANDREW
ERIK SCHENK; and MONTY
CHAMBERLAIN,
Defendants.

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A Complaint was filed in the above-captioned cause on September 29, 2021.

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ECF No. 1. On September 30, 2020, a Clerk’s Notice of Deficient Filing was

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entered informing Plaintiff that she must pay the required Civil Complaint filing fee

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or, in lieu of paying the filing fee, she must file the appropriate Application to

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Proceed In Forma Pauperis (IFP). ECF No. 2. The Notice also warned Plaintiff that

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failure to comply could result in dismissal of the action. ECF No. 2; see 28 U.S.C. §

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1914 (filing fee a statutory prerequisite to a civil action in federal district court); 28

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U.S.C. § 1915 (allowing district courts to grant leave to proceed in forma pauperis
ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

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only after an individual submits an affidavit setting forth assets and an inability to

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pay).

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To date, Plaintiff has not paid the required filing fee nor has she filed an

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Application to Proceed In Forma Pauperis. Therefore, dismissal without prejudice

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is appropriate. See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007).

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IT IS HEREBY ORDERED that this case is DISMISSED WITHOUT

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PREJUDICE.
The District Court Clerk is hereby directed to enter this Order, provide a copy
to Plaintiff at her last known address, and close the file in this case.
DATED March 31, 2021.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2