Holt v. Yakima County Department of Corrections

Opinion

1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Dec 16, 2024 3 SEAN F. MCAVOY, CLERK 4 EASTERN DISTRICT OF WASHINGTON 6

NO. 1:24-CV-3136-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

DEPARTMENT OF 11 CORRECTIONS and CHIEF B. SPLAWN, 12 Defendants. 13

14 BEFORE THE COURT is the Court’s Order to Comply with Filing Fee 15 Requirements. ECF No. 6. 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 September 4, 2024, Plaintiff filed a pro se civil rights complaint pursuant 19 to 42 U.S.C. § 1983, along with an insufficient application to proceed in forma 20 pauperis. The Court attempted to advise Plaintiff of the deficiencies concerning 2|| his application, but the Order was returned as undeliverable. ECF Nos. 6, 7. 3 Parties filing actions in the United States District Court are required to pay 4|| filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 5|| payment of a filing fee only upon granting of in forma pauperis status. See 28 6|| U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of 7|| these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (district court has authority to dismiss without prejudice prisoner 9|| complaint for failure to pay partial filing fee); Jn re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay 11]| required filing fees). 12|} ACCORDINGLY, IT IS HEREBY ORDERED: 13 This action is DISMISSED without prejudice for failing to pay the filing fee 14]| or filing a properly completed Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 16 The District Court Executive is directed to enter this Order, enter Judgment 17|| accordingly, furnish a copy to Plaintiff, and CLOSE the file. 18 DATED December 16, 2024. 19 LOD Ug Kies gp Ta, 0. ee 20 On Xe THOMAS O. RICE <> United States District Judge