Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-01528-H-WMC

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Filed 08/22/2008

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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 vs. PEACE OFFICER PERSONNEL UNION CONTRACT, et al., Defendants. JAMES LYNN O'HINES, CDCR #K-86989, ADC #197067, Plaintiff, 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)
Civil No. 08-1528 H (WMc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

21 Florence, Arizona, and proceeding pro se, has filed a civil action pursuant to 18 U.S.C. § 3041. 22 (See Compl. at 1.) 23 I. 24 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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08cv1528

Case 3:08-cv-01528-H-WMC

Document 2

Filed 08/22/2008

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1 See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 2 1176, 1177 (9th Cir. 1999). 3 Here, Plaintiff has neither prepaid the $350 filing fee required to commence a civil action,

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 II. 7 8 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

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

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

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08cv1528