Alvarez v. Helms

Opinion

1 2

3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 RAMON MARISCAL ALVAREZ, NO: 2:20-CV-0216-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

10 ZAGARY Z. HELMS, THOMAS JEFFERSON, ANDREW WILLIAM, 11 and CARLOS OYON,

12 Defendants.

14 BEFORE THE COURT is the Order to Comply with Filing Fee 15 Requirements. ECF No. 10. The Court has reviewed the record and files herein and 16 is fully informed. For the reasons discussed below, this action is dismissed without 17 prejudice. 18 On June 9, 2020, Plaintiff, while confined at the Eastern State Hospital, filed 19 a pro se civil rights complaint without paying the filing fee. ECF No. 1. Based on 20 his assertion that he was facing criminal charges, the Court determined that he was 1 a “prisoner” as defined by the Prison Litigation Reform Act, 28 U.S.C. § 1915(h), 2 and therefore obligated to pay the filing fee for this action. See 28 U.S.C. § 1915(a),

3 (b). His in forma pauperis application was insufficient and Plaintiff did not comply 4 with 28 U.S.C. § 1915(a)(2), which requires a prisoner seeking to bring a civil action 5 without prepayment of the filing fee to submit a certified copy of his trust fund

6 account statement (or institutional equivalent) for the six months immediately 7 preceding the filing of the complaint. 8 Plaintiff was advised that before the Court may proceed with his civil action, 9 he must either pay the applicable fee of $400.00 ($350.00 filing fee, plus $50.00

10 administrative fee) or comply with the in forma pauperis statute. ECF No. 10. 11 Plaintiff was further advised that failure to do either within 30 days would result in 12 the dismissal of this case. Id. No filing fee has been paid nor sufficient in forma

13 pauperis application filed. 14 Parties filing actions in the United States District Court are required to pay 15 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 16 payment of a filing fee only upon granting of in forma pauperis status. See 28 U.S.C.

17 § 1915. Failure to pay the statutory filing fee will result in dismissal of these actions 18 without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) 19 (district court has authority to dismiss without prejudice prisoner complaint for

20 failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees). 3|| ACCORDINGLY, IT IS HEREBY ORDERED: 4 This action is DISMISSED without prejudice for failing to pay the filing fee 5|| or filing a properly completed Declaration and Application to Proceed In Forma 6|| Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). All pending motions are 7|| DENIED as moot. 8 The District Court Clerk is directed to enter this Order, enter judgment accordingly, furnish a copy to Plaintiff at his last known address, and CLOSE the file. The Court certifies any appeal of this dismissal would not be taken in good 11)| faith. 12 DATED August 11, 2020. | Q hace 14 amie ee HOMAS O. RICE Grn United States District Judge 15 16 17 18 19 20