Humphreys v. No Named Defendant

Filing 7

ORDER DENYING 4 LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING ACTION - The court certifies any appeal of this dismissal would not be taken in good faith. This action is DISMISSED WITHOUT PREJUDICE. File is CLOSED. Signed by Judge Mary K. Dimke. (TNC, Case Administrator) **2 PAGE(S), PRINT ALL** (Scott Humphreys, Prisoner ID: 372442)

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

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Mar 11, 2025

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON
SCOTT W. HUMPHREYS,
Plaintiff,
v.
NO NAMED DEFENDANT,
Defendant.

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No: 2:24-CV-00437-MKD
ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS
AND DISMISSING ACTION
ECF No. 4

On February 4, 2025, the Court directed Plaintiff, a pro se prisoner at the

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Airway Heights Corrections Center, to show cause why the Court should grant his

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application to proceed in forma pauperis. ECF No. 6 at 3. In the alternative,

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Plaintiff could have paid the $405 filing fee. Id.

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Plaintiff has filed nothing further in this action. Thus, the Court finds that

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Plaintiff has failed to demonstrate that he was under imminent danger of serious

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physical injury when he initiated this case, and is precluded under 28 U.S.C. §

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1915(g) from proceeding in this action without prepayment of the filing fee. See

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O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008). Because Plaintiff did not
ORDER - 1

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avail himself of the opportunity to pay the $405 filing fee, he may not proceed with

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this action.

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Accordingly, IT IS ORDERED:

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1.

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Plaintiff’s application to proceed in forma pauperis, ECF No. 4, is

DENIED.
2.

This action is DISMISSED WITHOUT PREJUDICE for non-

payment of the filing fee as required by 28 U.S.C. § 1914.
3.

The Court certifies that any appeal of this dismissal would not be

taken in good faith.
IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,
enter judgment, provide copies to Plaintiff, and CLOSE THE FILE.
DATED March 10, 2025.

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s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE

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ORDER - 2