Humphreys v. No Named

Opinion

1 Jul 09, 2025

SEAN F. MCAVOY, CLERK 2

5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 SCOTT W. HUMPHREYS, 8 No: 4:25-CV-5050-MKD Plaintiff, 9 ORDER DENYING LEAVE TO v. PROCEED IN FORMA PAUPERIS 10 AND DISMISSING ACTION NO NAMED DEFENDANT, 11 ECF No. 3 Defendant. 12

13 On May 27, 2025, the Court directed Plaintiff, a pro se prisoner at the 14 Coyote Ridge Corrections Center, to show cause why the Court should grant his 15 application to proceed in forma pauperis. ECF No. 5 at 3. In the alternative, 16 Plaintiff could have paid the $405 filing fee. Id. The Court also ordered Plaintiff 17 to sign and resubmit the signature page of his Complaint to comply with Rule 11 of 18 the Federal Rules of Civil Procedure. Id. at 4. 19 Plaintiff has filed nothing further in this action. Thus, the Court finds that 20 Plaintiff has failed to demonstrate that he was under imminent danger of serious 21 physical injury when he initiated this case, and is precluded under 28 U.S.C. § 1 1915(g) from proceeding in this action without prepayment of the filing fee. See 2 O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008). Because Plaintiff did not

3 avail himself of the opportunity to pay the $405 filing fee, he may not proceed with 4 this action. 5 Accordingly, IT IS ORDERED:

6 1. Plaintiff’s application to proceed in forma pauperis, ECF No. 3, is 7 DENIED. 8 2. This action is DISMISSED WITHOUT PREJUDICE for non- 9 payment of the filing fee as required by 28 U.S.C. § 1914.

10 3. The Court certifies that any appeal of this dismissal would not be 11 taken in good faith. 12 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

13 enter judgment, provide copies to Plaintiff, and CLOSE THE FILE. 14 DATED July 9, 2025. 15 s/Mary K. Dimke MARY K. DIMKE 16 UNITED STATES DISTRICT JUDGE

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