Winterer v. No Named

E.D. Washington

Winterer v. No Named

DecidedNovember 8, 2023

Docket1:23-cv-03123

StatusUnknown

This text of Winterer v. No Named (Winterer v. No Named) 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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Winterer v. No Named, (E.D. Wash. 2023).

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2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Nov 08, 2023

4 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 JARED WINTERER, NO: 1:23-cv-03123-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS 10 NO NAMED DEFENDANT,

11 Defendants.

12 13 By Order filed October 3, 2023, the Court directed Plaintiff Jared Winterer, 14 a pro se prisoner at the Stafford Creek Corrections Center, to either pay the 15 applicable $402.00 filing fee to proceed with this action or to properly seek leave 16 to proceed in forma pauperis under the Prison Litigation Reform Act, 28 U.S.C. § 17 1915. ECF No. 10 at 2–3. Plaintiff was cautioned that his failure to do so would 18 be construed as his consent to the dismissal of this action. Id. at 3. Plaintiff has 19 neither paid the filing fee nor returned the application to proceed in forma pauperis 20 along with his six-month inmate trust account statement (or institutional 21 equivalent) by the due date of November 2, 2023. 1 Parties filing actions in the United States District Court are required to pay 2 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 3 payment of a filing fee only upon granting of in forma pauperis status. See 28 4 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of

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

8 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay 9 required filing fees). 10 Accordingly, IT IS ORDERED that this action is DISMISSED without 11 prejudice for failing to pay the filing fee or filing a properly completed Application

12 to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 13 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter 14 this Order, enter judgment, provide copies to Plaintiff at his last known address and

15 to close the file. 16 DATED November 8, 2023.

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

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2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Nov 08, 2023

4 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 JARED WINTERER, NO: 1:23-cv-03123-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS 10 NO NAMED DEFENDANT,

11 Defendants.

12 13 By Order filed October 3, 2023, the Court directed Plaintiff Jared Winterer, 14 a pro se prisoner at the Stafford Creek Corrections Center, to either pay the 15 applicable $402.00 filing fee to proceed with this action or to properly seek leave 16 to proceed in forma pauperis under the Prison Litigation Reform Act, 28 U.S.C. § 17 1915. ECF No. 10 at 2–3. Plaintiff was cautioned that his failure to do so would 18 be construed as his consent to the dismissal of this action. Id. at 3. Plaintiff has 19 neither paid the filing fee nor returned the application to proceed in forma pauperis 20 along with his six-month inmate trust account statement (or institutional 21 equivalent) by the due date of November 2, 2023. 1 Parties filing actions in the United States District Court are required to pay 2 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 3 payment of a filing fee only upon granting of in forma pauperis status. See 28 4 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of

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

8 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay 9 required filing fees). 10 Accordingly, IT IS ORDERED that this action is DISMISSED without 11 prejudice for failing to pay the filing fee or filing a properly completed Application

12 to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 13 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter 14 this Order, enter judgment, provide copies to Plaintiff at his last known address and

15 to close the file. 16 DATED November 8, 2023.

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

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