Opinion
2:23-cv-08461-SVW-E
02-26-2024
Michael A. Lujan v. Robert Luna, et al.
Present: Honorable STEPHEN V. WILSON, U.S. District Judge.
CIVIL MINUTES - GENERAL
Proceedings (In Chambers): ORDER DISMISSING CASE FOR FAILURE TO PAY FILING FEE OR FILE A COMPLETE REQUEST FOR IN FORMA PAUPERIS STATUS, AND FOR FAILURE TO PROSECUTE
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 failure to pay the filing fee only if the party is granted leave to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(a)(1). However, prisoners must still pay the filing fee but may do so through monthly installment payments if granted IFP. 28 U.S.C. § 1915(b).
On December 8, 2023, the Court postponed ruling on Plaintiff's IFP Request (“Request”) because it was incomplete. Dkt. 4. The Court directed Plaintiff to either: (1) refile a fully completed Request; or (2) 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.
On January 2, 2024, Plaintiff filed another incomplete IFP Request. Dkt. 5. Additionally, the institution where Plaintiff was housed did not provide documentation to determine IFP status.
Moreover, the Court takes notice of its own files in Plaintiff's case No. 2:23-cv-07294-SVW-E, and notes that mail served on Plaintiff's address of record has since been returned by the Postal Service as undeliverable and he has not filed a notice of change of address in either case. See Local Rule 41-6.
Because it is ultimately Plaintiff's burden to show entitlement to IFP status and he has failed to do so, and because he has not kept the Court apprised of his current address, this action is DISMISSED without prejudice. See Garcia v. San Bernardino Cnty., 2020 WL 6395474, at *1 (C.D. Cal. Oct. 30, 2020) (“A plaintiff bears the burden of showing a financial inability to pay the filing fee.”); Local Rule 41-6 (action may be dismissed for failure to prosecute if pro se plaintiff fails to keep Court apprised of current address).
IT IS SO ORDERED.