Goodin v. Eke

Filing 4

ORDER DISMISSING CASE. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

Case 2:22-cv-00253-TOR

ECF No. 4

filed 11/21/22

PageID.16 Page 1 of 2

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ELLIOTT D. GOODIN,
NO. 2:22-CV-0253-TOR

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Plaintiff,

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v.

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MOLLY EKE,

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ORDER OF DISMISSAL
WITHOUT PREJUDICE

Defendant.
BEFORE THE COURT is the Clerk’s Notice of Deficient Filing. ECF No.

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3. The Court has reviewed the record and files herein and is fully informed. For

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the reasons discussed below, this action is dismissed without prejudice.

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On October 27, 2022, Plaintiff Elliott D. Goodin, proceeding pro se, filed a

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civil rights complaint. ECF No. 1. The Clerk of Court sent Plaintiff a Notice of

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Deficient Filing warning that:

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FURTHER NOTICE IS GIVEN that failure to pay the prescribed
Civil Complaint filing fee, OR in lieu of payment of the filing fee, to
file the appropriate Application to Proceed In Forma Pauperis (IFP)
by 11/10/2022, may subject this case to dismissal by the Court
without further notice or opportunity for hearing.

ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

Case 2:22-cv-00253-TOR

ECF No. 4

filed 11/21/22

PageID.17 Page 2 of 2

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ECF No. 3. No filing fee or in forma pauperis application has been filed to date.

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Parties filing actions in the United States District Court are required to pay

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filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate

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payment of a filing fee only upon granting of in forma pauperis status. See 28

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U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of

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these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th

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Cir. 1995) (district court has authority to dismiss without prejudice prisoner

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complaint for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890

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(9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay

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required filing fees).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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This action is DISMISSED without prejudice for failing to pay the filing

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fee or filing a properly completed Application to Proceed In Forma Pauperis

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pursuant to 28 U.S.C. §§ 1914(a) and 1915(a).

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The District Court Executive is directed to enter this Order, enter judgment
accordingly, furnish a copy to Plaintiff, and CLOSE the file.
DATED November 21, 2022.

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THOMAS O. RICE
United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2