Winterer v. United States

Opinion

FILED IN THE EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Mar 11, 2024

SEAN F. MCAVOY, CLERK

EASTERN DISTRICT OF WASHINGTON

NO: 1:23-cv-03197-RMP Plaintiff, ORDER DISMISSING ACTION FOR v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS

Defendant.

By Order filed January 26, 2024, the Court directed Plaintiff Jared Winterer, a pro se prisoner at the Stafford Creek Corrections Center, to either pay the applicable $402.00 filing fee to proceed with this action or to properly seek leave to proceed in forma pauperis under the Prison Litigation Reform Act, 28 U.S.C. § 1915. ECF No. 3 at 2. Plaintiff was cautioned that his failure to do so would be construed as his consent to the dismissal of this action. Id. Plaintiff has neither paid the filing fee nor returned the application to proceed in forma pauperis along with his six-month inmate trust account statement (or institutional equivalent) by the due date of February 26, 2024. Parties filing actions in the United States District Court are required to pay 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 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of

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); In 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 ORDERED that this action is DISMISSED without prejudice for failing to pay the filing fee or filing a properly completed Application

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

to close the file. DATED March 11, 2024.

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