Hartjen v. Facebook et al

Filing 5

ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH FILING FEE AND IN FORMA PAUPERIS REQUIREMENTS - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Chief Judge Stanley A Bastian. (LMR, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

Case 2:21-cv-00260-SAB

ECF No. 5

filed 11/16/21

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

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Nov 16, 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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9 JAMES M. HARTJEN,
Plaintiff,

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No. 2:21-CV-00260-SAB
ORDER DISMISSING ACTION

v.

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FOR FAILURE TO COMPLY

13 FACEBOOK and FBI,

WITH FILING FEE AND IN

Defendants.

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FORMA PAUPERIS
REQUIREMENTS

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On August 25, 2021, Plaintiff James M. Hartjen filed this construed pro se

18 civil rights complaint, while detained at the Eastern State Hospital. ECF No. 1.
19 Plaintiff did not pay the filing fee or apply to proceed in forma pauperis under the
20 Prison Litigation Reform Act, 28 U.S.C. § 1915. The complaint was unsigned.
21 ECF No. 1.
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By letter dated August 31, 2021, the Clerk’s Office advised Plaintiff of these

23 deficiencies. ECF No. 2. The letter was returned on September 20, 2021, ECF No.
24 3, and then resent to Plaintiff at the address he provided on September 22, 2021.
25 The Clerk’s Office provided Plaintiff with an application form to proceed in forma
26 pauperis to complete and return and instructed him to sign and submit the
27 signature page of his complaint. ECF No. 2. Plaintiff did not comply with these
28 directives and has filed nothing further in this action.
ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH
FILING FEE AND IN FORMA PAUPERIS REQUIREMENTS -- 1

Case 2:21-cv-00260-SAB

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ECF No. 5

filed 11/16/21

PageID.19 Page 2 of 2

On October 14, 2021, having taken note that Plaintiff was apparently not

2 detained on criminal charges, this Court ordered Plaintiff to submit a completed
3 application to proceed in forma papueris and sign and resubmit the signature page
4 of his complaint within thirty days of the date of that Order. ECF No. 4. In the
5 alternative, Plaintiff was advised that he could pay the full $402.00 filing fee. Id.
6 The Court cautioned Plaintiff that his failure to comply with these directives would
7 result in the dismissal of this case. Id. Plaintiff neither paid the filing fee nor
8 returned the application to proceed in forma pauperis by the due date of November
9 15, 2021.
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Accordingly, IT IS HEREBY ORDERED:

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1. This action is DISMISSED WITHOUT PREJUDICE for failure to pay the

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filing fee or comply with the in forma pauperis requirements of 28 U.S.C.

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§§ 1914, 1915.

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2. The Clerk’s Office is directed to ENTER JUDGMENT and CLOSE the
file.
3. The Court certifies any appeal of this dismissal would not be taken in good

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faith.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

19 provide copies to pro se Plaintiff at his last known address.
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DATED this 16th day of November 2021.

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Stanley A. Bastian

Chief United States District Judge

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ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH
FILING FEE AND IN FORMA PAUPERIS REQUIREMENTS -- 2