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Garcia v. George Bailey Correctional Facility

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 16, 2010

STEPHEN GARCIA, BOOKING #7021264, PLAINTIFF,
v.
GEORGE BAILEY CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: Hon. John A. Houston 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 Fresno County Detention Facility located in Fresno, California, and proceeding pro se, initially filed a civil complaint in the Eastern District of California. United States Magistrate Judge Michael Seng determined that venue was proper in the Southern District of California and transferred the matter to this Court on June 4, 2010.

I. FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS

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).

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.

20100616

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