Stephens v. Office of Federal Employees Compensation Program

E.D. Washington

Stephens v. Office of Federal Employees Compensation Program

DecidedFebruary 9, 2024

Docket2:23-cv-00367

StatusUnknown

This text of Stephens v. Office of Federal Employees Compensation Program (Stephens v. Office of Federal Employees Compensation Program) 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.

Bluebook

Stephens v. Office of Federal Employees Compensation Program, (E.D. Wash. 2024).

Pincite

Opinion

1 2 FILED IN THE U.S. DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON Feb 09, 2024 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 KEISHA L. STEPHENS, NO. 2:23-CV-0367-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

10 OFFICE OF FEDERAL EMPLOYEE’S COMPENSATION PROGRAM, 11 Defendant. 12

13 BEFORE THE COURT is the Court’s Order to Comply with Filing Fee 14 Requirement. ECF No. 5. The Court has reviewed the record and files herein and 15 is fully informed. For the reasons discussed below, this action is dismissed without 16 prejudice. 17 On December 15, 2023, Plaintiff filed a pro se civil Complaint, along with 18 an application to proceed in forma pauperis. Plaintiff was advised that her 19 household resources exceed what the Court deems to be an indigent household. 20 ECF No. 4. Plaintiff was then ordered to pay the filing fee by February 5, 2024. ECF No. 5. Plaintiff was warned that “Failure to timely pay the filing fee will be 2|| construed as Plaintiff’s consent to the dismissal of this action.” /d. 3 Plaintiff did not comply and has not paid the statutorily required filing fee. 4 Parties filing actions in the United States District Court are required to pay 5|| filing fees. 28 U.S.C. § 1914(a). Failure to pay the statutory filing fee will result 6|| in dismissal of these actions without prejudice. See Olivares v. Marshall, 59 F.3d 7\| 109, 112 (9th Cir. 1995) (district court has authority to dismiss without prejudice complaint for failure to pay filing fee); Jn re Perroton, 958 F.2d 889, 890 (9th Cir. 9|| 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees). 11}} ACCORDINGLY, IT IS HEREBY ORDERED: 12 1. This action is DISMISSED without prejudice for failing to pay the filing fee 13 pursuant to 28 U.S.C. § 1914(a). 14 2. The pending Motion to Amend, ECF No.7, is DENIED as moot. 15 The District Court Executive is directed to enter this Order, enter judgment 16|| accordingly, furnish a copy to Plaintiff at the address of record, and CLOSE the file. 18 DATED February 9, 2024.

oa Mea 0 Kies 20 OOK THOMAS O. RICE <> United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 FILED IN THE U.S. DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON Feb 09, 2024 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 KEISHA L. STEPHENS, NO. 2:23-CV-0367-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

10 OFFICE OF FEDERAL EMPLOYEE’S COMPENSATION PROGRAM, 11 Defendant. 12

13 BEFORE THE COURT is the Court’s Order to Comply with Filing Fee 14 Requirement. ECF No. 5. The Court has reviewed the record and files herein and 15 is fully informed. For the reasons discussed below, this action is dismissed without 16 prejudice. 17 On December 15, 2023, Plaintiff filed a pro se civil Complaint, along with 18 an application to proceed in forma pauperis. Plaintiff was advised that her 19 household resources exceed what the Court deems to be an indigent household. 20 ECF No. 4. Plaintiff was then ordered to pay the filing fee by February 5, 2024. ECF No. 5. Plaintiff was warned that “Failure to timely pay the filing fee will be 2|| construed as Plaintiff’s consent to the dismissal of this action.” /d. 3 Plaintiff did not comply and has not paid the statutorily required filing fee. 4 Parties filing actions in the United States District Court are required to pay 5|| filing fees. 28 U.S.C. § 1914(a). Failure to pay the statutory filing fee will result 6|| in dismissal of these actions without prejudice. See Olivares v. Marshall, 59 F.3d 7\| 109, 112 (9th Cir. 1995) (district court has authority to dismiss without prejudice complaint for failure to pay filing fee); Jn re Perroton, 958 F.2d 889, 890 (9th Cir. 9|| 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees). 11}} ACCORDINGLY, IT IS HEREBY ORDERED: 12 1. This action is DISMISSED without prejudice for failing to pay the filing fee 13 pursuant to 28 U.S.C. § 1914(a). 14 2. The pending Motion to Amend, ECF No.7, is DENIED as moot. 15 The District Court Executive is directed to enter this Order, enter judgment 16|| accordingly, furnish a copy to Plaintiff at the address of record, and CLOSE the file. 18 DATED February 9, 2024.

oa Mea 0 Kies 20 OOK THOMAS O. RICE <> United States District Judge

Cite This Page — Counsel Stack

Bluebook (online)

Stephens v. Office of Federal Employees Compensation Program, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-office-of-federal-employees-compensation-program-waed-2024.

Opinion

Related

Cite This Page — Counsel Stack