Humphreys v. No Named

Opinion

FILED IN THE EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Mar 11, 2025

SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SCOTT W. HUMPHREYS, No: 2:24-CV-00437-MKD Plaintiff, v. PROCEED IN FORMA PAUPERIS NO NAMED DEFENDANT, ECF No. 4 Defendant.

On February 4, 2025, the Court directed Plaintiff, a pro se prisoner at the Airway Heights Corrections Center, to show cause why the Court should grant his application to proceed in forma pauperis. ECF No. 6 at 3. In the alternative, Plaintiff could have paid the $405 filing fee. Id. Plaintiff has filed nothing further in this action. Thus, the Court finds that Plaintiff has failed to demonstrate that he was under imminent danger of serious physical injury when he initiated this case, and is precluded under 28 U.S.C. § 1915(g) from proceeding in this action without prepayment of the filing fee. See O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008). Because Plaintiff did not avail himself of the opportunity to pay the $405 filing fee, he may not proceed with this action.

Accordingly, IT IS ORDERED: 1. Plaintiff’s application to proceed in forma pauperis, ECF No. 4, is

2. This action is DISMISSED WITHOUT PREJUDICE for non- payment of the filing fee as required by 28 U.S.C. § 1914. 3. The Court certifies that any appeal of this dismissal would not be taken in good faith.

IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment, provide copies to Plaintiff, and CLOSE THE FILE. DATED March 10, 2025.

s/Mary K. Dimke UNITED STATES DISTRICT JUDGE