Opinion
5:24-cv-01591-VBF-AGR
12-10-2024
Jorge Luis Herrera v. State of California
Present: The Honorable VALERIE BAKER FAIRBANK. U.S. District Judge
CIVIL MINUTES - GENERAL
Proceedings (In Chambers): ORDER DISMISSING CASE FOR FAILURE TO PAY FULL FILING FEE OR FILE A COMPLETE REQUEST FOR IN FORMA PAUPERIS STATUS
All parties instituting a civil action, suit, or proceeding in a district court of the United States must pay a filing fee. 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay the filing fee only if the party is granted leave to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1). However, prisoners bringing civil actions must still pay the filing fee but may do so through monthly payments if granted in forma pauperis status. 28 U.S.C. § 1915(b).
On October 25, 2024, the Court postponed ruling on Plaintiff s request to proceed in forma pauperis (“Request”) because it was incomplete. (CM/ECF Document 11). The Court directed him to refile his Request, including with the missing documentation, or pay the full filing fee. (Id.). The Court warned that if Plaintiff did not comply within 30 days, the case would be dismissed without prejudice. (Id.).
To date, Plaintiff has not paid the filing fee or refiled his Request.
Accordingly, the incomplete Request is DENIED, and this action is DISMISSED without prejudice. See, e.g., Allen v. United States Dist. Ct. Dist. of Nevada, 2022 WL 16702429, at *2 (D. Nev. Oct. 25, 2022) (dismissing § 1983 action where inmate failed to pay full filing fee or file a complete request for in forma pauperis status). All other pending matters are TERMINATED.
IT IS SO ORDERED.