Casterlow-Bey v. Tacoma News Tribune

Filing 11

ORDER by Judge Benjamin H. Settle requiring Plaintiff to either pay filing fee or file motion to proceed in forma pauperis by 11/3/2017. (TG; cc mailed to plaintiff)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 GARY CASTERLOW-BEY, Plaintiff, 9 10 CASE NO. C17-5649 BHS ORDER v. TACOMA NEWS TRIBUNE, 11 Defendant. 12 13 14 15 This matter comes before the Court on Plaintiff Gary Casterlow-Bey’s (“Plaintiff”) amended civil rights complaint (Dkt. 6). On August 16, 2017, Plaintiff filed a motion to proceed in forma pauperis, a 16 motion for appointment of counsel, and a proposed civil rights complaint. Dkts. 1, 1-1, 17 1-2. On August 31, 2017, the Honorable Ronald B. Leighton, United States District 18 Judge, denied Plaintiff’s motions, dismissed the complaint without prejudice for failure to 19 state a claim, and granted Plaintiff leave to amend. Dkt. 4. 20 On September 7, 2017, Plaintiff filed a motion for temporary restraining order. 21 Dkt. 5. On September 11, 2017, Plaintiff filed an amended civil rights complaint alleging 22 Defendant Tacoma News Tribune (“TNT”) violated his First and Eighth Amendment ORDER - 1 1 rights. Dkt. 6. On September 14, 2017, Plaintiff filed a motion for leave to file excess 2 pages. Dkt. 7. On September 28, 2017, Plaintiff filed a statement of jurisdiction 3 asserting that the Court has jurisdiction under 28 U.S.C. § 1331 because his claims are 4 asserted under 42 U.S.C. § 1983. Dkt. 9. On October 10, 2017, Judge Leighton 5 transferred the matter to the undersigned as a related matter. Dkt. 10. 6 Based on Plaintiff’s filings, it is unclear whether Plaintiff intends to pay the filing 7 fee or intends to proceed in forma pauperis. If the latter, then the Court may assess the 8 merits of the complaint before granting the motion. See Tripati v. First Nat’l Bank & 9 Trust, 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted). Therefore, Plaintiff must 10 either pay the filing fee or file a motion to proceed in forma pauperis no later than 11 November 3, 2017. Failure to respond to this order will result in dismissal of the 12 complaint without prejudice. 13 IT IS SO ORDERED. 14 Dated this 11th day of October, 2017. A 15 16 BENJAMIN H. SETTLE United States District Judge 17 18 19 20 21 22 ORDER - 2

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