Williams v. Key

E.D. Washington

Williams v. Key

DecidedJanuary 15, 2020

Docket2:19-cv-00310

StatusUnknown

This text of Williams v. Key (Williams v. Key) 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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Williams v. Key, (E.D. Wash. 2020).

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3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 SHAWN SHERELLE WILLIAMS, NO. 2:19-CV-0310-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

10 JAMES KEY,

11 Defendant.

12 BEFORE THE COURT is the Court’s Order to Comply with Filing Fee 13 Requirements. ECF No. 9. The Court has reviewed the record and files herein, 14 and is fully informed. For the reasons discussed below, this action is dismissed 15 without prejudice. 16 The civil rights complaint was received in this district and filed on 17 September 11, 2019. ECF No. 6. On November 13, 2019, Plaintiff was advised 18 that before the Court may proceed with Plaintiff’s civil action, he must either pay 19 the applicable filing fee of $400.00 ($350.00 filing fee, plus $50.00 administrative 20 fee) or comply with the in forma pauperis statute. ECF No. 9. Plaintiff was 1 || warned that failure to do either within 30-days would result in the dismissal of this 2|| case. Id. No filing fee or in forma pauperis application has been filed. 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 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 Cir. 1995) (district court has authority to dismiss without prejudice prisoner complaint for failure to pay partial filing fee); Jn re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees). ACCORDINGLY, IT IS HEREBY ORDERED: 13 This action is DISMISSED without prejudice for failing to pay the filing fee 14]| or filing a properly completed Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 16 The District Court Executive is directed to enter this Order, enter judgment accordingly, furnish a copy to Plaintiff, and CLOSE the file. 18 DATED January 15, 2020. 19 a yy Ug PA. ee fins 0 Kees 20 on Xe THOMAS O. RICE <=> Chief United States District Judge

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1 2

3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 SHAWN SHERELLE WILLIAMS, NO. 2:19-CV-0310-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

10 JAMES KEY,

11 Defendant.

12 BEFORE THE COURT is the Court’s Order to Comply with Filing Fee 13 Requirements. ECF No. 9. The Court has reviewed the record and files herein, 14 and is fully informed. For the reasons discussed below, this action is dismissed 15 without prejudice. 16 The civil rights complaint was received in this district and filed on 17 September 11, 2019. ECF No. 6. On November 13, 2019, Plaintiff was advised 18 that before the Court may proceed with Plaintiff’s civil action, he must either pay 19 the applicable filing fee of $400.00 ($350.00 filing fee, plus $50.00 administrative 20 fee) or comply with the in forma pauperis statute. ECF No. 9. Plaintiff was 1 || warned that failure to do either within 30-days would result in the dismissal of this 2|| case. Id. No filing fee or in forma pauperis application has been filed. 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 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 Cir. 1995) (district court has authority to dismiss without prejudice prisoner complaint for failure to pay partial filing fee); Jn re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees). ACCORDINGLY, IT IS HEREBY ORDERED: 13 This action is DISMISSED without prejudice for failing to pay the filing fee 14]| or filing a properly completed Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 16 The District Court Executive is directed to enter this Order, enter judgment accordingly, furnish a copy to Plaintiff, and CLOSE the file. 18 DATED January 15, 2020. 19 a yy Ug PA. ee fins 0 Kees 20 on Xe THOMAS O. RICE <=> Chief United States District Judge

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