Opinion
Case No. 2:11-CV-01247-KJD-(LRL).
August 30, 2011
ORDER
Plaintiff has filed a document titled "Rule 60 Demur" (#4), which the court construes as a motion for relief from the judgment pursuant to Rule 60 of the Federal Rules of Civil Procedure.
The filing fee of $350 is a matter of law. 28 U.S.C. § 1914(a). Because plaintiff is a prisoner, he must pay that fee, either in full at the commencement of this action or through monthly installments if the court grants him leave to proceed in forma pauperis. 28 U.S.C. § 1915(b). The court dismissed this action because plaintiff, a prisoner, neither paid the filing fee nor submitted an application to proceed in forma pauperis accompanied by a statement of his inmate account and a financial certificate signed by the appropriate prison official. Nothing in plaintiff's motion (#4) would cause the court to reinstate the action. The dismissal was without prejudice, so plaintiff may commence a new action if he pays the fee or if he files the correct documents.
Plaintiff also has filed a request for judicial notice (#9), which the court denies because it has dismissed the action.
IT IS THEREFORE ORDERED that plaintiffs "Rule 60 Demur" (#8), which the court construes as a motion for relief from the judgment pursuant to Rule 60 of the Federal Rules of Civil Procedure, is DENIED.
IT IS FURTHER ORDERED that plaintiff's request for judicial notice (#9) is DENIED.