Opinion
ED CV 24-00478-WDK-JC
07-02-2024
Tamir Abdullah v. State of California, et al.
Present: The Honorable WILLIAM D. KELLER, 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 INFORMA 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 must still pay the filing fee but may do so through monthly installment payments if granted in forma pauperis status. 28 U.S.C. § 1915(b).
On July 3, 2023, Plaintiff, an inmate incarcerated at the Bell County Jail in Killeen, Texas, filed a Complaint and a request to proceed in forma pauperis (“Request”). (Docket Nos. 5, 7). On March 1, 2024 the case was transferred to the Central District of California. (Docket No. 18.) On March 19, 2024, the Court postponed ruling on the Request because Plaintiff failed to provide the required certificate of authorized officer and a legible certified copy of his prison or jail trust fund statement for the last six months. (Docket No.21). The Court directed him to refile his Request, including with the missing documentation. (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 provided the necessary information to determine in forma pauperis status. The Plaintiff did file a Declaration in response to the Court's Order of March 19, 2024, however, it does not provide any of the information requested by the Court. (Docket No. 22).
Accordingly, Plaintiff's Request is DENIED as incomplete, 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).
IT IS SO ORDERED.