Winterer v. United States

Filing 5

ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS - The court certifies any appeal of this dismissal would not be taken in good faith. This file is closed. Signed by Senior Judge Rosanna Malouf Peterson. (REM, Case Administrator) **2 PAGES, PRINT ALL** (Jared Winterer, Prisoner ID: 350782)

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

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Aug 29, 2024

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JARED ANTHONY WINTERER,

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Plaintiff,

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v.
UNITED STATES,

NO: 2:24-CV-00214-RMP
ORDER DISMISSING ACTION FOR
FAILURE TO COMPLY WITH
FILING FEE REQUIREMENTS

Defendant.

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By Order filed July 25, 2042, the Court directed Plaintiff Jared Anthony

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Winterer, a pro se prisoner at the Washington Corrections Center in Shelton,

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Washington, to submit a completed Declaration and Application to Proceed In

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Forma Pauperis, along with a certified copy of his six-month inmate trust account

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statement (or institutional equivalent) for the period immediately preceding June

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20, 2024, within thirty days of the date of that Order. ECF No. 4 at 2. In the

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alternative, Plaintiff was advised that he could pay the full $405.00 filing fee. Id.

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The Court cautioned Plaintiff that his failure to comply with either option

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would result in the dismissal of this case. Id. Plaintiff has neither paid the filing
ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH FILING
FEE REQUIREMENTS -- 1

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fee nor submitted the documents necessary to proceed in forma pauperis by the

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due date of August 26, 2024.

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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 ORDERED that this action is DISMISSED without

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prejudice for failing to pay the filing fee or filing a properly completed Application

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to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a).

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IT IS SO ORDERED. The District Court Clerk is directed to enter this

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Order, enter judgment, forward copies to Plaintiff at the address provided, and

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CLOSE the file. The Court certifies that an appeal of this Order could not be

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taken in good faith.

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DATED August 29, 2024.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Senior United States District Judge
ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH FILING
FEE REQUIREMENTS -- 2