Winterer v. United States

• Court: District Court, E.D. Washington
• Decided: March 11, 2024
• Docket: 1:23-cv-03197
• Status: Unknown

Opinion

2 FILED IN THE EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON 3 Mar 11, 2024

4 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 JARED WINTERER, NO: 1:23-cv-03197-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS 10 UNITED STATES,

11 Defendant.

12 13 By Order filed January 26, 2024, 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. 3 at 2. Plaintiff was cautioned that his failure to do so would be 18 construed as his consent to the dismissal of this action. Id. Plaintiff has neither 19 paid the filing fee nor returned the application to proceed in forma pauperis along 20 with his six-month inmate trust account statement (or institutional equivalent) by 21 the due date of February 26, 2024. 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 March 11, 2024.

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