Humphreys v. No Named

E.D. Washington

Humphreys v. No Named

DecidedMarch 11, 2025

Docket2:24-cv-00437

StatusUnknown

This text of Humphreys v. No Named (Humphreys v. No Named) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Humphreys v. No Named, (E.D. Wash. 2025).

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2 FILED IN THE EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON 3 Mar 11, 2025

4 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 SCOTT W. HUMPHREYS, 8 No: 2:24-CV-00437-MKD Plaintiff, 9 ORDER DENYING LEAVE TO v. PROCEED IN FORMA PAUPERIS 10 AND DISMISSING ACTION NO NAMED DEFENDANT, 11 ECF No. 4 Defendant. 12

13 On February 4, 2025, the Court directed Plaintiff, a pro se prisoner at the 14 Airway Heights Corrections Center, to show cause why the Court should grant his 15 application to proceed in forma pauperis. ECF No. 6 at 3. In the alternative, 16 Plaintiff could have paid the $405 filing fee. Id. 17 Plaintiff has filed nothing further in this action. Thus, the Court finds that 18 Plaintiff has failed to demonstrate that he was under imminent danger of serious 19 physical injury when he initiated this case, and is precluded under 28 U.S.C. § 20 1915(g) from proceeding in this action without prepayment of the filing fee. See 21 O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008). Because Plaintiff did not 1 avail himself of the opportunity to pay the $405 filing fee, he may not proceed with 2 this action.

3 Accordingly, IT IS ORDERED: 4 1. Plaintiff’s application to proceed in forma pauperis, ECF No. 4, is 5 DENIED.

6 2. This action is DISMISSED WITHOUT PREJUDICE for non- 7 payment of the filing fee as required by 28 U.S.C. § 1914. 8 3. The Court certifies that any appeal of this dismissal would not be 9 taken in good faith.

10 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 11 enter judgment, provide copies to Plaintiff, and CLOSE THE FILE. 12 DATED March 10, 2025.

13 s/Mary K. Dimke 14 MARY K. DIMKE UNITED STATES DISTRICT JUDGE 15

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2 FILED IN THE EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON 3 Mar 11, 2025

4 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 SCOTT W. HUMPHREYS, 8 No: 2:24-CV-00437-MKD Plaintiff, 9 ORDER DENYING LEAVE TO v. PROCEED IN FORMA PAUPERIS 10 AND DISMISSING ACTION NO NAMED DEFENDANT, 11 ECF No. 4 Defendant. 12

13 On February 4, 2025, the Court directed Plaintiff, a pro se prisoner at the 14 Airway Heights Corrections Center, to show cause why the Court should grant his 15 application to proceed in forma pauperis. ECF No. 6 at 3. In the alternative, 16 Plaintiff could have paid the $405 filing fee. Id. 17 Plaintiff has filed nothing further in this action. Thus, the Court finds that 18 Plaintiff has failed to demonstrate that he was under imminent danger of serious 19 physical injury when he initiated this case, and is precluded under 28 U.S.C. § 20 1915(g) from proceeding in this action without prepayment of the filing fee. See 21 O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008). Because Plaintiff did not 1 avail himself of the opportunity to pay the $405 filing fee, he may not proceed with 2 this action.

3 Accordingly, IT IS ORDERED: 4 1. Plaintiff’s application to proceed in forma pauperis, ECF No. 4, is 5 DENIED.

6 2. This action is DISMISSED WITHOUT PREJUDICE for non- 7 payment of the filing fee as required by 28 U.S.C. § 1914. 8 3. The Court certifies that any appeal of this dismissal would not be 9 taken in good faith.

10 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 11 enter judgment, provide copies to Plaintiff, and CLOSE THE FILE. 12 DATED March 10, 2025.

13 s/Mary K. Dimke 14 MARY K. DIMKE UNITED STATES DISTRICT JUDGE 15

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