Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02241-BTM-NLS

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Filed 12/04/2007

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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 ("ASPC") SAN DIEGO CORRECTIONS AGENTS, et al., Defendants.
vs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
JAMES LYNN O'HINES Inmate No. 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. 07-2241 BTM (NLS)

20 in Florence, Arizona, and proceeding pro se, has filed a civil rights complaint pursuant to 42 21 U.S.C. § 1983.1 22 I. 23 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 in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). 27 See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 28
The Court notes that Plaintiff was formerly a California state inmate. Thus, it is unclear whether Plaintiff is currently a California state inmate housed in Arizona or he is an inmate within the Arizona State correctional system.
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Case 3:07-cv-02241-BTM-NLS

Document 2

Filed 12/04/2007

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Here, Plaintiff has neither prepaid the $350 filing fee required to commence this action,

2 nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate 3 dismissal pursuant to 28 U.S.C. § 1914(a). 4 II. 5 6 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

7 filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and 8 (2) GRANTS Plaintiff forty five (45) days leave from the date this Order is "Filed"

9 to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to proceed 10 IFP which includes a certified copy of his trust account statement for the 6-month period 11 preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR 12 3.2(b). 13 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with the

14 Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma 15 Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the 16 attached Motion to Proceed IFP within that time, this action shall remain dismissed without 17 prejudice and without further Order of the Court. 18 19 20 DATED: December 4, 2007 21 22 23 24 25 26 27 28 Honorable Barry Ted Moskowitz United States District Judge