Neal v. Inslee

E.D. Washington

Neal v. Inslee

DecidedOctober 6, 2020

Docket1:20-cv-03120

StatusUnknown

This text of Neal v. Inslee (Neal v. Inslee) 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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Neal v. Inslee, (E.D. Wash. 2020).

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FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Oct 06, 2020 3 SEAN F. MCAVOY, CLERK 4

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 BRETT WYATT NEAL, NO: 1:20-CV-3120-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS 10 JAY INSLEE, STATE OF WASHINGTON, COUNTY OF 11 YAKIMA, DISTRICT ATTORNEY’S OFFICE and JOSEPH 12 BRUSIE,

13 Defendants.

14 15 By Order filed September 11, 2020, the Court directed Plaintiff to submit a 16 certified copy of his six-month inmate trust account statement (or institutional 17 equivalent) for the period immediately preceding August 20, 2020, within 21 days of 18 the date of that Order. ECF No. 5. In the alternative, Plaintiff was advised he could 19 pay the full $400.00 filing fee. Id. Plaintiff was cautioned that his failure to do so 20 would result in the dismissal of this case. Id. Plaintiff has neither paid the filing fee 21 nor submitted his six-month inmate trust account statement (or institutional 1 equivalent) by the due date of October 2, 2020. 2 Parties filing actions in the United States District Court are required to pay

3 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 4 payment of a filing fee only upon granting of in forma pauperis status. See 28 5 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of

6 these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th 7 Cir. 1995) (district court has authority to dismiss without prejudice prisoner 8 complaint for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 9 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay

10 required filing fees). 11 Accordingly, IT IS ORDERED that this action is DISMISSED 12 WITHOUT PREJUDICE for failing to pay the filing fee under 28 U.S.C. §

13 1914(a) or comply with 28 U.S.C. § 1915(a). 14 IT IS SO ORDERED. The District Court Clerk is directed to enter this 15 Order, enter judgment, forward copies to Plaintiff at the address provided, and 16 close the file in this case.

17 DATED October 6, 2020.

18 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 19 United States District Judge

20 21

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FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Oct 06, 2020 3 SEAN F. MCAVOY, CLERK 4

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 BRETT WYATT NEAL, NO: 1:20-CV-3120-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS 10 JAY INSLEE, STATE OF WASHINGTON, COUNTY OF 11 YAKIMA, DISTRICT ATTORNEY’S OFFICE and JOSEPH 12 BRUSIE,

13 Defendants.

14 15 By Order filed September 11, 2020, the Court directed Plaintiff to submit a 16 certified copy of his six-month inmate trust account statement (or institutional 17 equivalent) for the period immediately preceding August 20, 2020, within 21 days of 18 the date of that Order. ECF No. 5. In the alternative, Plaintiff was advised he could 19 pay the full $400.00 filing fee. Id. Plaintiff was cautioned that his failure to do so 20 would result in the dismissal of this case. Id. Plaintiff has neither paid the filing fee 21 nor submitted his six-month inmate trust account statement (or institutional 1 equivalent) by the due date of October 2, 2020. 2 Parties filing actions in the United States District Court are required to pay

3 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 4 payment of a filing fee only upon granting of in forma pauperis status. See 28 5 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of

6 these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th 7 Cir. 1995) (district court has authority to dismiss without prejudice prisoner 8 complaint for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 9 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay

10 required filing fees). 11 Accordingly, IT IS ORDERED that this action is DISMISSED 12 WITHOUT PREJUDICE for failing to pay the filing fee under 28 U.S.C. §

13 1914(a) or comply with 28 U.S.C. § 1915(a). 14 IT IS SO ORDERED. The District Court Clerk is directed to enter this 15 Order, enter judgment, forward copies to Plaintiff at the address provided, and 16 close the file in this case.

17 DATED October 6, 2020.

18 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 19 United States District Judge

20 21

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