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Finney v. United States Marine Corps

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 17, 2007

CHERY FINNEY, PLAINTIFF,
v.
UNITED STATES MARINE CORPS, DEFENDANT.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS [Dkt No. 2]

Plaintiff Chery Finney, proceeding pro se, has filed a Complaint alleging sexual misconduct occurring during her military service. She names the United States Marine Corps as the defendant. She has not submitted the fee required to commence a federal civil action, moving instead to proceed in forma pauperis ("IFP"), alleging she is financially unable to pay the filing fee. She has provided the sworn affidavit required under 28 U.S.C. § 1915(a). She states she is employed by the Marine Corps as an E-4 Corporal and reports her take-home salary is about $1,500.00 twice monthly. She reports a present balance in her checking account of $1,700.00. She states she owns a financed 2002 automobile and a condominium valued at $362,000.00. She also reports having an interest in two other vehicles.

All parties commencing any civil action or proceeding in a district court of the United States (other than a habeas corpus application) must pay a filing fee of $350.00. An action may proceed without plaintiff's prepayment of the entire fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a); see also CIV.L.R. 3.2. Based on plaintiff's affidavit, the court finds she has made an inadequate showing that indigence prevents her from prepayment of the filing fee required to commence a new action in federal court. Accordingly, she must promptly pay the filing fee in order to maintain this action. 28 U.S.C. § 1914. IT IS HEREBY ORDERED:

1. Plaintiff's Motion to proceed IFP is DENIED.

2. In order to avoid dismissal of her case, plaintiff must pay to the Clerk of Court the $350.00 fling fee no later than October 12, 2007.

3. If plaintiff fails timely to pay the filing fee, this case will be dismissed without prejudice to the filing thereafter of a new Complaint accompanied by the filing fee.

IT IS SO ORDERED.

20070917

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