Opinion
3:23-cv-05534-JHC
07-21-2023
LUNA ECLIPS, Plaintiff, v. PATRICK HANLEY, Defendant.
ORDER DISMISSING ACTION
John H. Chun United States District Judge
This matter comes before the Court sua sponte. Without paying the filing fee or submitting an application to proceed in forma pauperis (IFP), Plaintiff Luna Eclips filed a pro se civil rights complaint under 42 U.S.C. § 1983. Dkt. # 1.
Parties filing actions in the United States District Court must pay filing fees. 28 U.S.C. § 1914(a). See LCR 3(b) (explaining that a “party must pay the Civil Filing Fee when it files . . . any civil action except for proceedings [IFP]”). An action may proceed without the immediate payment of a filing fee only for parties proceeding IFP. See 28 U.S.C. § 1915. Failure to pay the filing fee results in dismissal without prejudice of the action. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (district court properly dismissed without prejudice complaint for failure to pay filing fee).
On June 13, 2023, Plaintiff filed their complaint. Dkt. # 1. On June 20, 2023, the Clerk of the Court sent Plaintiff a notice stating that Plaintiff had not met the filing fee requirement. Dkt. # 3. The Clerk explained that Plaintiff must either pay the $402.00 filing fee or submit an application to proceed IFP by July 20, 2023; it warned that the “[f]ailure to do so may affect the status of [Plaintiff's] case, including dismissal of the action.” Id. To date, Plaintiff has not complied with this directive. See generally Dkt.
Accordingly, this action is DISMISSED without prejudice for failure to either pay the applicable filing fee of $402.00 or submit an IFP application.