United States District Court, S.D. California
November 3, 2005.
EVAN WILLIAMS, Plaintiff,
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
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.
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