Winterer v. United States

Opinion

1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Oct 09, 2025 3 SEAN F. MCAVOY, CLERK 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 10 JARED ANTHONY WINTERER, No. 2:25-CV-00270-SAB 11 Plaintiff, 12 v. ORDER DENYING LEAVE TO 13 UNITED STATES SOLICITOR PROCEED IN FORMA PAUPERIS 14 GENERAL, AND DISMISSING ACTION 15 Defendant. 16 17 By Order filed September 5, 2025, the Court directed Plaintiff, an individual 18 incarcerated at the Monroe Correctional Complex-Intensive Management Unit in 19 Monroe, Washington, to show cause why the Court should grant his application to 20 proceed in forma pauperis under 28 U.S.C. § 1915(g). ECF No. 8. In the 21 alternative, Plaintiff could have paid the $405.00 filing fee ($350.00 statutory 22 filing fee, plus $55.00 administrative fee). Id. 23 On September 25, 2025, the Court received Plaintiff’s 39-page 24 Response/Final Amended Complaint. ECF No. 9. Plaintiff merely repeats his 25 assertions regarding a brain injury he suffered in 2004 and contends that he has 26 been “oppressed for two decades, trapped in United States, forced to generate 27 federal taxes, unable to pursue happiness while imprevising [sic] for daily activity 28 because I haven’t been equal due to my lack of inherent human functions since age 16[.]? Jd. at 1. Having reviewed Plaintiff's submissions, the Court finds that he has failed to 3|| demonstrate that he is eligible to proceed in forma pauperis under 28 U.S.C. § 1915(g), or that he was under imminent danger of serious physical injury when he 5|| filed this lawsuit. See Andrews v. Cervantes, 493 F.3d 1047, 1055-56 (9th Cir. 2007). Therefore, Plaintiff has lost the privilege of filing this lawsuit in forma pauperis. Because Plaintiff did not avail himself of the opportunity to pay the $405.00 filing fee, he may not proceed with this action. 9 Accordingly, IT IS HEREBY ORDERED: 10 l. Plaintiff's application to proceed in forma pauperis, ECF No. 4, is DENIED. 12 2. This action is DISMISSED WITHOUT PREJUDICE for non- 13|| payment of the filing fee as required by 28 U.S.C. § 1914. 14 3. The Clerk of Court shall CLOSE the file. 15 4. The Court certifies any appeal of this dismissal would not be taken in good faith. 17 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 18|| enter judgment and provide copies to Plaintiff. 19 DATED this 9th day of October 2025.

22 sin in far 23 Chief United States District Judge 24 25 26 27 28 ORDER DENYING LEAVE TO PROCEED JN FORMA PAUPERIS AND