Opinion
2:22-cv-00782-KG-KRS
11-22-2022
JOHNNY LEVELT BURNSIDE, Plaintiff, v. MONARCH REAL ESTATE CORPORATION, ADAM MARRUJO, and BRADLEY BERGLUND, Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
This is pro se Plaintiffs second action in this Court. See Burnside v. Monarch Real Estate Corp., No. 2:22-cv-00587-KG-KRS (“Burnside F). In Burnside I, United States Magistrate Judge Kevin R. Sweazea notified Plaintiff that his complaint failed to state a claim upon which relief can be granted and ordered Plaintiff to file an amended complaint. See Doc. 5, filed August 10, 2022, in Burnside I. Plaintiff filed an amended complaint and other documents. See Doc. 6, filed August 26, 2022, in Burnside /; Doc. 8, filed September 16, 2022, in Burnside I. The undersigned dismissed Burnside / without prejudice after finding that the amended complaint failed to state a claim. See Doc. 10, filed October 14, 2022, in Burnside I.
On October 19, 2022, Plaintiff filed his "Amended Factual Allegation" which alleges many of the same facts Plaintiff alleged in Burnside I. Doc. 1. The Clerk's Office opened this new case and filed the Amended Factual Allegation as a Complaint in this new case because Burnside / has been dismissed.
Because this is a new case, Judge Sweazea ordered Plaintiff to either pay the $402.00 feefor instituting a civil action or file an “Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)” ("Application"). See Doc. 2 at 4, filed October 26, 2022 (stating "Failure to timely pay the fee or file an Application may result in dismissal of this case").
The fee for instituting any civil action, suit or proceeding is comprised of a $350.00 filing fee, see 28 U.S.C. §1914, and a $52.00 administrative fee.
Federal law requires that persons filing a new case must pay a filing fee. See 28 U.S.C. §§ 1914 ("The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court... to pay a filing fee of $350 ... [and] such additional fees only as are prescribed by the Judicial Conference of the United States"). The Court may allow a person filing a new case to proceed without paying the filing fee if the person files an Application which is approved by the Court. See 28 U.S.C. § 1915(a)(1)("any court of the United States may authorize the commencement ... of any suit [or] action ... without prepayment of fees ... by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees"). Plaintiff did not pay the fee or file an Application by the November 16, 2022, deadline.
The Court dismisses this action without prejudice because Plaintiff has not paid the $402.00 fee or filed an Application.
IT IS ORDERED that this case is DISMISSED without prejudice.