Opinion
2:23-cv-09317-SVW-E
01-30-2024
Iain Onome Agindotan v. Santa Monica Police Department, et al.
PRESENT: THE 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
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).
On December 15, 2023, the Court postponed ruling on Plaintiff's request to proceed in forma pauperis (“Request”) because it was incomplete and contained inconsistencies. Dkt 10. The Court directed Plaintiff to either: (1) refile a fully completed Request and a one-page statement explaining the deficiency; 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.
To date, Plaintiff has not responded to the Court's Order. Accordingly, this action is DISMISSED without prejudice. See, e.g., Roberts v. Soc. Sec. Dep't, 2022 WL 4088755, at *2 (S.D. Cal. Sept. 6, 2022) (action may be dismissed without prejudice where plaintiff fails to establish in forma pauperis status and does not pay the required filing fee).
IT IS SO ORDERED.