Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02299-DMS-BLM

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Filed 12/18/2007

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA


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LEONARDO RUIZ MENDEZ, CDCR #T-48606, Plaintiff, vs. L.E. SCRIBNER, et al. Defendants.

Civil No.

07-2299 DMS (BLM)

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ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEES PURSUANT TO 28 U.S.C. § 1914(a) ANDIOR MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

Leonardo Ruiz Mendez ("Plaintiff"), a state prisoner currently incarcerated at Pleasant

20 Valley State Prison located in Coalinga, California, and proceeding pro se, has filed a civil rights 21
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action pursuant to 42 U.S.C. § 1983.
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Failure to Pay Filing Fee or Request IFP Status
Effective April 9, 2006, all parties instituting any civil action, suit or proceeding in a

24 district court of the United States, other than a writ of habeas corpus, must pay a filing fee of 25 $350. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if 26 the party is granted leave to proceed informa pauperis ("IFP") pursuant to 28 U.S.c. § 1915(a). 27 See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
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07cv2299

Case 3:07-cv-02299-DMS-BLM

Document 2

Filed 12/18/2007

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Here, Plaintiff has neither prepaid the $350 filing fee required to commence this action, 2 3 nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate dismissal pursuant to 28 U.S.C. § 1914(a).
Conclusion and Order

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For the reasons set forth above, the Court hereby: (1)

DISMISSES this action sua sponte without prejudice for failing to pay the $350

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filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and
(2)

GRANTS Plaintiff forty five (45) days leave from the date this Order is stamped

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"Filed" to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion

10 to proceed IFP which includes a certified copy of his trust account statement for the 6-month 11 12 period preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2).

IT IS FURTHER ORDERED that the Clerk ofthe Court shall provide Plaintiffwith the

13 Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma

14 Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the
15 attached Motion to Proceed IFP within that time, this action shall remain dismissed without 16 prejudice and without further Order of the Court. 17 18 DATED: 19 20 21 22 23 24 25 26 27 28

IT IS SO ORDERED.

HON. DANA M. SABRAW United States District Judge

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07cv2299