Opinion
NO. 2:21-CV-0019-TOR
04-06-2021
RAMON MARISCAL ALVAREZ, Plaintiff, v. ZAGARY Z. HELMS, and THOMAS JEFFERSON, Defendants.
ORDER OF DISMISSAL WITHOUT PREJUDICE
BEFORE THE COURT is the Court's Order to Comply with Filing Fee or In Forma Pauperis Requirements. ECF No. 3. The Court has reviewed the record and files herein and is fully informed. For the reasons discussed below, this action is dismissed without prejudice.
On January 6, 2021, Plaintiff filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983, along with a blank application to proceed in forma pauperis. ECF No. 1. The Complaint contains no allegations whatsoever. By letter dated January 8, 2021, the Clerk of Court advised Plaintiff that he must complete and return a Declaration and Application to Proceed in forma pauperis and a statement of his inmate account OR pay the applicable fee of $402.00 ($350.00 filing fee, plus $52.00 administrative fee) in order for his case to proceed. ECF No. 2. The Clerk of Court supplied him with the forms. Id. In addition, the Clerk of Court notified Plaintiff that he must sign his complaint as required by Rule 11, Federal Rules of Civil Procedure. Id. Plaintiff has not complied with these directives and has filed nothing further in this action.
On March 5, 2021, this Court allowed Plaintiff 30-days to amend his complaint by providing factual allegations and a signature. ECF No. 3. Additionally, the Court ordered Plaintiff to either pay the filing fee or submit a completed and signed Declaration and Application to proceed in forma pauperis, within 30-days. Id. Plaintiff was warned that the failure to timely provide a signed amended complaint and pay the filing fee or submit the documents necessary to proceed in forma pauperis, would result in the dismissal of this case. Id.
Plaintiff has not complied with the Court's Order.
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 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 HEREBY ORDERED:
1. This action is DISMISSED without prejudice for failing to submit a signed Complaint with factual allegations and 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).
2. The Court certifies any appeal of this dismissal would not be taken in good faith.
The District Court Executive is directed to enter this Order, enter judgment accordingly, furnish a copy to Plaintiff, and CLOSE the file.
DATED April 6, 2021.
/s/
THOMAS O. RICE
United States District Judge