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WILLIAMS v. SAN DIEGO COUNTY

United States District Court, S.D. California


November 3, 2005.

EVAN WILLIAMS, Plaintiff,
v.
SAN DIEGO COUNTY, DOE 1 through DOE 100, inclusive, Defendants.

The opinion of the court was delivered by: LARRY BURNS, Magistrate Judge

ORDER DISMISSING CASE

By Order entered August 30, 2005, this Court denied without prejudice plaintiff Evan Williams' Motion To Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. § 1915. Dkt No. 4. He is proceeding with the assistance of counsel in this non-prisoner 42 U.S.C. § 1983 action alleging violation of his federal civil rights arising from an allegedly wrongful six-day detention in jail. Williams neither paid the $250.00 filing fee to commence this action nor adequately demonstrated inability to pay or to give security therefor. See Civ. Local Rule 3.2. The Court set a deadline of 30 days from the date the Order was entered for Williams to pay the filing fee or better document his poverty with additional documentation. The Order recited that if he failed to timely either pay the filing fee or augment his showing to permit waiver of the filing fee, the Court would dismiss this case.

On November 2, 2005, fully five weeks beyond the deadline, Williams presented for filing a Declaration purportedly in support of his IFP motion. That Declaration is separately rejected as untimely on a discrepancy Order filed concurrently with this Order. As Williams has not complied with the instructions in the August 30, 2005 Order, IT IS HEREBY ORDERED this case is dismissed in its entirety, without prejudice.

  IT IS SO ORDERED.

20051103

© 1992-2005 VersusLaw Inc.



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