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NEVAREZ v. HARO

United States District Court, S.D. California


October 14, 2005.

JUAN MANUEL NEVAREZ, Plaintiff,
v.
ROBERT HARO, et al., Defendants.

The opinion of the court was delivered by: IRMA GONZALEZ, District Judge

ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEES OR MOVE TO PROCEED IN FORMA PAUPERIS
Plaintiff, a federal inmate currently incarcerated at the Federal Corrections Institution in Adelanto, California and proceeding pro se, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983.*fn1

I. Failure to Pay Filing Fee or Request IFP Status

  Effective February 7, 2005, all parties instituting any civil action, suit or proceeding in a district court of the United States, other than a writ of habeas corpus, must pay a filing fee of $250. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff has neither prepaid the $250 filing fee required to commence this action, nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate dismissal.

  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 $250 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 "Filed" to: (a) prepay the entire $250 civil filing fee in full; or (b) complete and file the attached "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis" which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR 3.2(b).

  IT IS SO ORDERED.

20051014

© 1992-2005 VersusLaw Inc.



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