Ames v. Ames

• Court: District Court, E.D. Washington
• Decided: August 4, 2022
• Docket: 2:22-cv-00143
• Status: Unknown

Opinion

1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Aug 04, 2022 3 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 RANDALL S. AMES, NO. 2:22-CV-0143-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

10 STANLEY ROY AMES, individually and in his marital 11 community and as agent for Ames Development Corp.; 12 WESLEY BRUCE AMES, individually and in his marital 13 community (if applicable); MERITA LYNN DYSART, 14 individually and in her marital community; 15 ALLEN C. NIELSON, individually and in his official 16 capacity; and TIMOTHY FENNESSEY, 17 individually and in his official capacity, 18 Defendants. 19

20 1 BEFORE THE COURT is Plaintiff’s Complaint and the Clerk’s Notice of 2 Deficient Filing. ECF Nos. 1, 2. The Court has reviewed the record and files

3 herein and is fully informed. For the reasons discussed below, this action is 4 dismissed without prejudice. 5 On June 16, 2022, Plaintiff filed a pro se civil rights complaint pursuant to

6 42 U.S.C. § 1983 and 18 U.S.C. § 1962, without payment of the mandatory filing 7 fee or the filing of an application to proceed in forma pauperis. On that same date, 8 Plaintiff was advised of this deficiency and was advised that the case was subject 9 to dismissal if the filing fee or appropriate application to proceed in forma pauperis

10 was not filed by June 30, 2022. ECF No. 2. 11 To date, Plaintiff has not complied with the filing fee or application to 12 proceed in forma pauperis.

13 Parties filing actions in the United States District Court are required to pay 14 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 15 payment of a filing fee only upon granting of in forma pauperis status. See 28 16 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of the

17 action without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 18 1995) (district court has authority to dismiss without prejudice prisoner complaint 19 for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 (9th Cir.

20 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required 2|| filing fees). 3|| ACCORDINGLY, IT IS HEREBY ORDERED: 4 This action is DISMISSED without prejudice for failing to pay the filing 5|| fee or filing a properly completed Application to Proceed Jn Forma Pauperis 6|| pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 7 The District Court Executive is directed to enter this Order, enter judgment 8 || accordingly, furnish a copy to Plaintiff at his address of record, and CLOSE the file. 10 DATED August 4, 2022.

Sa gp SMW, 0 □ ee 12 On Ke THOMAS O. RICE <> United States District Judge 13 14 15 16 17 18 19 20