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Miranda-Valdez v. United States

United States District Court, S.D. California

February 27, 2014

NORBERTO MIRANDA-VALDEZ, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEE REQUIRED BY 28 U.S.C. § 1914(a) AND FAILING TO MOVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

MICHAEL M. ANELLO, District Judge.

On February 14, 2014, pro se inmate Norberto Miranda-Valdez ("Plaintiff") filed a Motion for Return of Property Pursuant to Rule 41(g) ("Motion for Return of Property"). Specifically, Plaintiff seeks the return of a 1994 Nissan Sentra, a personal wallet, jewelry, keys, and two cellular phones. The Court has construed the Motion for Return of Property as a civil complaint.[1] 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 $400.[2] 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 requests and is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Here, Plaintiff has not prepaid the $400 filing fee required to commence a civil action, nor has he submitted a Motion to Proceed in forma pauperis. Therefore, the case must be dismissed pursuant to 28 U.S.C. § 1914(a). Accordingly, the Court hereby:

(1) DISMISSES this action sua sponte without prejudice for failing to pay the $400 filing fee or file a Motion to Proceed In Forma Pauperis 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 $400 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.[3] See 28 U.S.C. § 1915(a)(2); S.D. Cal. Civ.L.R. 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 $400 civil filing fee or complete and submit the enclosed Motion to Proceed In Forma Pauperis within the specified amount of time, this action shall remain dismissed without prejudice and without further Order of the Court.

IT IS SO ORDERED.


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