United States District Court, Northern District of California
May 8, 2003
RAYMOND CROWTHER, PLAINTIFF,
HERSHEL W. GOBER, DEFENDANT.
The opinion of the court was delivered by: Jeffrey S. White, United States District Judge
ORDER OF DISMISSAL
To institute any civil action, suit or proceeding in federal court, the clerk of the district court requires the parties instituting such action to pay a filing fee of $150.00. See 28 U.S.C. § 1914(a). However, the Court can authorize the commencement of any suit without prepayment of fees. See 28 U.S.C. § 1915(a). The plaintiff may file without prepayment of fees if the party submits an affidavit of poverty. Id. The court "may dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious." Id. at § 1915(d). Leave to proceed in forma pauperis is properly granted when the plaintiff has demonstrated poverty and has presented a claim that is not frivolous or malicious. See 28 U.S.C. § 1915(a) and(b).
On March 27, 2003, Plaintiff was ordered to file an amended application to proceed in forma pauperis by April 28, 2003. Plaintiff was admonished that failure to file an amended application to proceed in forma pauperis or failure to pay a filing fee of $150.00 by April 30, 2003 would result in dismissal of this action without prejudice.
Plaintiff has failed to file an amended application to proceed in forma pauperis and has failed to pay the required filing fee. Therefore, this action is dismissed without prejudice.
IT IS SO ORDERED.
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