UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 23, 2010
LAWRENCE "LARRY" HILLARD, PLAINTIFF,
CHASE BANK, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. § 1915(e)(2)(B)(I)
Plaintiff Lawrence "Larry" Hillard is currently incarcerated in a Mexican prison, and has filed the present Complaint with the help of his friend, James Connelly. Mr. Connelly has also filed an Application to Proceed In Forma Pauperis ("IFP") on behalf of Mr. Hillard.
Motion to Proceed IFP*fn1
All parties instituting any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff here has not satisfied the requirements of Section 1915(a) or (b), therefore his application to proceed IFP is DENIED and the Complaint is DISMISSED without prejudice.
IT IS SO ORDERED.