Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-00446-DMS-JMA

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Filed 03/11/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff, an inmate currently incarcerated at the Arizona State Prison Complex in CAPT. DAN HAGAN, et al., Defendants. vs. JAMES LYNN HINES, CDCR #K-86989, ADC #197067, Plaintiff, ORDER DISMISSING CIVIL ACTION FOR FAILING TO PAY FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)
Civil No.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
08-0446 DMS (JMA)

20 Florence, Arizona, and proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. 21 § 1983.1 22 23 24 I. Failure to Pay Filing Fee or Request IFP Status Effective April 9, 2006, all parties instituting any civil action, suit or proceeding in a

25 district court of the United States, other than a writ of habeas corpus, must pay a filing fee of 26 $350. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if 27
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28 Plaintiff is currently a California state inmate housed temporarily in Arizona or he is an inmate within
the Arizona State correctional system.
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The Court notes that Plaintiff was a California state inmate. Thus, it is unclear whether

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08cv0446

Case 3:08-cv-00446-DMS-JMA

Document 2

Filed 03/11/2008

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1 the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). 2 See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 3 Here, Plaintiff has neither prepaid the $350 filing fee required to commence this action,

4 nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate 5 dismissal pursuant to 28 U.S.C. § 1914(a). 6 7 8 9 II. Conclusion and Order For the reasons set forth above, the Court hereby: (1) DISMISSES this action sua sponte without prejudice for failing to pay the $350

10 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and 11 (2) GRANTS Plaintiff forty five (45) days leave from the date this Order is "Filed"

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. CIVLR 15 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 attached 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: March 11, 2008 23 24 25 26 27 28
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HON. DANA M. SABRAW United States District Judge

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08cv0446