Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-01149-JAH-WMC

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Filed 07/03/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiff, an inmate currently incarcerated at the Arizona State Prison Complex in Defendants. vs. ONTIVEROS, Warden, et al., JAMES LYNN O'HINES, CDCR #K-86989, ADC #197067, Plaintiff,
Civil No. 08-1149 JAH (WMc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEE REQUIRED BY 28 U.S.C. § 1914(a) AND/OR FAILING TO MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

21 Florence, Arizona, and proceeding pro se, has filed a civil rights Complaint. 22 23 24 I. Failure to Pay Filing Fee or Request IFP Status All parties instituting any civil action, suit or proceeding in a district court of the United

25 States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 26 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay this filing fee only if 27 the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). 28
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08cv1149

Case 3:08-cv-01149-JAH-WMC

Document 2

Filed 07/03/2008

Page 2 of 2

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See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d Here, Plaintiff has neither prepaid the $350 filing fee required to commence a civil action,

2 1176, 1177 (9th Cir. 1999). 3 4 nor has submitted a Motion to Proceed IFP. Therefore, this case is subject to immediate 5 dismissal pursuant to 28 U.S.C. § 1914(a). 6 7 8 9 (1) (2) III. Conclusion and Order For the reasons set forth above, the Court hereby: DISMISSES this action sua sponte without prejudice for failing to pay the $350 GRANTS Plaintiff forty five (45) days leave from the date this Order is "Filed"

10 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and 11 12 to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to proceed 13 IFP which includes a certified copy of his trust account statement for the 6-month period 14 preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. 15 CIVLR 3.2(b). 16 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the 17 Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma 18 Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the 19 enclosed Motion to Proceed IFP within that time, this action shall remain dismissed without 20 prejudice and without further Order of the Court. 21 22 DATED: July 3, 2008 23 24 25 26 27 28
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JOHN A. HOUSTON United States District Judge

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08cv1149