Alvarez v. Helms

Opinion

1 2

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

7 RAMON MARISCAL ALVAREZ, NO. 2:21-CV-0019-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

10 ZAGARY Z. HELMS, and THOMAS JEFFERSON, 11 Defendants. 12 13

14 BEFORE THE COURT is the Court’s Order to Comply with Filing Fee or 15 In Forma Pauperis Requirements. ECF No. 3. The Court has reviewed the record 16 and files herein and is fully informed. For the reasons discussed below, this action 17 is dismissed without prejudice. 18 On January 6, 2021, Plaintiff filed a pro se civil rights complaint pursuant to 19 42 U.S.C. § 1983, along with a blank application to proceed in forma pauperis. 20 ECF No. 1. The Complaint contains no allegations whatsoever. By letter dated 1 January 8, 2021, the Clerk of Court advised Plaintiff that he must complete and 2 return a Declaration and Application to Proceed in forma pauperis and a statement

3 of his inmate account OR pay the applicable fee of $402.00 ($350.00 filing fee, 4 plus $52.00 administrative fee) in order for his case to proceed. ECF No. 2. The 5 Clerk of Court supplied him with the forms. Id. In addition, the Clerk of Court

6 notified Plaintiff that he must sign his complaint as required by Rule 11, Federal 7 Rules of Civil Procedure. Id. Plaintiff has not complied with these directives and 8 has filed nothing further in this action. 9 On March 5, 2021, this Court allowed Plaintiff 30-days to amend his

10 complaint by providing factual allegations and a signature. ECF No. 3. 11 Additionally, the Court ordered Plaintiff to either pay the filing fee or submit a 12 completed and signed Declaration and Application to proceed in forma pauperis,

13 within 30-days. Id. Plaintiff was warned that the failure to timely provide a signed 14 amended complaint and pay the filing fee or submit the documents necessary to 15 proceed in forma pauperis, would result in the dismissal of this case. Id. 16 Plaintiff has not complied with the Court’s Order.

17 Parties filing actions in the United States District Court are required to pay 18 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 19 payment of a filing fee only upon granting of in forma pauperis status. See 28

20 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th 2|| Cir. 1995) (district court has authority to dismiss complaint for failure to pay 31] partial filing fee); Jn re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming 4|| dismissal of appeal of pro se litigant for failure to pay required filing fees). 5|| ACCORDINGLY, IT IS HEREBY ORDERED: 6 1. This action is DISMISSED without prejudice for failing to submit a signed 7 Complaint with factual allegations and for failing to pay the filing fee or 8 filing a properly completed Application to Proceed Jn Forma Pauperis 9 pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 10 2. The Court certifies any appeal of this dismissal would not be taken in good 11 faith. 12 The District Court Executive is directed to enter this Order, enter judgment 13 || accordingly, furnish a copy to Plaintiff, and CLOSE the file. 14 DATED April 6, 2021. 15 Ne Kes ae hwy. 0. Kes 16 on Xe THOMAS O. RICE <=> United States District Judge 17 18 19 20