Romero v. Spokane County Jail

• Court: District Court, E.D. Washington
• Decided: November 8, 2023
• Docket: 4:23-cv-05116
• Status: Unknown

Opinion

2 FILED IN THE U.S. DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON Nov 08, 2023 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 ROGER WAYNE ROMERO, NO: 4:23-cv-05116-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS 10 SPOKANE COUNTY JAIL and SPOKANE POLICE 11 DEPARTMENT,

12 Defendants.

13 14 By Order filed September 26, 2023, the Court directed Plaintiff Roger 15 Wayne Romero, a pro se prisoner at the Washington State Penitentiary, to submit a 16 certified copy of his six-month inmate trust account statement (or institutional 17 equivalent) for the period immediately preceding August 14, 2023, within thirty 18 days of the date of that Order. ECF No. 6 at 2. In the alternative, Plaintiff was 19 advised that he could pay the full $402.00 filing fee. Id. 20 The Court cautioned Plaintiff that his failure to comply with either option 21 would result in the dismissal of this case. Id. Plaintiff has neither paid the filing 1 fee nor submitted six-month inmate trust account statement (or institutional 2 equivalent) by the due date of October 26, 2023. 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

8 Cir. 1995) (district court has authority to dismiss without prejudice prisoner 9 complaint for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 10 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay 11 required filing fees).

12 Accordingly, IT IS ORDERED that this action is DISMISSED without 13 prejudice for failing to pay the filing fee or filing a properly completed Application 14 to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a).

15 IT IS SO ORDERED. The District Court Clerk is directed to enter this 16 Order, enter judgment, forward copies to Plaintiff at the address provided, and 17 CLOSE the file. 18 DATED November 8, 2023.

19 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 20 Senior United States District Judge 21