UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
May 14, 2010
ERIK ARREOLA, BOOKING #9796966, PLAINTIFF,
U.S. MARSHALS, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge
ORDER DISMISSING CIVIL ACTION FOR FAILING TO PAY FILING FEES PURSUANT TO 28 U.S.C. § 1914(a) AND FAILING TO MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)
Plaintiff, currently detained at George Bailey Detention Facility in San Diego, California, and proceeding pro se, has filed a civil complaint seeking damages from United States Marshals and individual officers assigned to the Department of Justice Fugitive Task Force based on claims that they used excessive force against him while executing a warrant for his arrest on December 18, 2009. See Compl. at 1-2.
I. FAILURE TO PAY FILING FEE OR REQUEST IFPSTATUS
Any party instituting a 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 $350. 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 not paid the $350 filing fee required to initiate this civil action, however; nor has he submitted a motion to proceed IFP pursuant to 28 U.S.C. § 1915(a).
II. CONCLUSION AND ORDER
Accordingly, the Court hereby:
(1) DISMISSES this action sua sponte without prejudice for failing to pay the $350 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 filed to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to Proceed IFP which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b).*fn1
IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with this Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the enclosed Motion to Proceed IFP within that time, this action shall remain dismissed without prejudice and without further Order of the Court.
IT IS SO ORDERED.