Troupe v. Hammond et al

Filing 17

ORDER DISMISSING CASE WITHOUT PREJUDICE 16 . Signed by Senior Judge Edward F. Shea. (VR, Courtroom Deputy)**2 PAGE(S), PRINT ALL**(David Troupe, Prisoner ID: 765714)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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No.

DAVID TROUPE,

4:17-CV-05020-EFS

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Plaintiff,
ORDER DISMISSING CASE WITHOUT
PREJUDICE

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v.
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STEVEN HAMMOND, MICHAEL FURST,
STEVEN JEWITT, JO PHILLIPS, JANE
DOE, JOHN DOE, and WCC JOHN DOE,

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Defendants.
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On February 23, 2017, Plaintiff David Troupe, a prisoner at the
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Washington Corrections Center, filed a pro se civil rights complaint
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pursuant to 42 U.S.C. § 1983. ECF No. 1.

However, the accompanying

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application to proceed in forma pauperis (IFP) was deficient. See ECF
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Nos. 5 & 6.

Then, on May 23, 2017, Plaintiff filed another IFP

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application.

ECF

No. 8.

On

September

11,

2017,

the

Court

found

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Plaintiff’s application to proceed IFP should be denied and warned
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Plaintiff that if he did not pay the filing fee or show cause why he
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should be granted IFP status by no later than Friday, October 13, 2017,
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the Court would dismiss this action. See ECF No. 14.

Plaintiff failed

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to do either.1
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On October 16, 2017, Plaintiff filed a “Motion to Withdraw Suit Due to
Conflict with Edward F. Shea, and Request to Scan All Records Re this Case

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ORDER DISMISSING CASE WITHOUT PREJUDICE-- 1

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For the reasons stated in the Court’s prior order, ECF No. 14, and

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because Plaintiff has failed to either pay the filing fee or show he

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should be granted IFP status by the October 13, 2017 deadline, the Court

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dismisses this case without prejudice.

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Accordingly, IT IS HEREBY ORDERED:

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1.

All claims are DISMISSED WITHOUT PREJUDICE.

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2.

All pending motions are DENIED AS MOOT.

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3.

All hearings and other deadlines are STRICKEN.

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4.

The Clerk’s Office is directed to CLOSE this file.

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IT IS SO ORDERED.

The Clerk of Court is directed to enter this

Order and forward a copy to Plaintiff.
DATED this

17th

day of October 2017.

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s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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to Plaintiff.” ECF No. 16.

However, even if the Court were to consider

this late filing, it did not address whether Plaintiff should receive IFP

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status, nor did it indicate that Plaintiff intended to file the requisite
fee.

Q:\EFS\Civil\2017\17-CV-5020;Troupe.Hammond.Dismiss for Failure to Pay.LC1.docx

ORDER DISMISSING CASE WITHOUT PREJUDICE-- 2