Opinion
Civil No. 05-1761 LAB (AJB).
September 29, 2005
ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILING TO PAY FILING FEES OR MOVE TO PROCEED IN FORMA PAUPERIS
Plaintiff, a state inmate currently incarcerated at California Men's Colony in San Luis Obispo, California and proceeding pro se, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983.
Referral to Magistrate Judge per Local Civil Rule 72.3 This case has been referred to the Honorable Magistrate Judge Anthony J. Battaglia pursuant to Local Rule 72.3, "Assignment of § 1983 Prisoner Civil Cases to United States Magistrate Judges" and 28 U.S.C. § 636(b)(1).
I. Failure to Pay Filing Fee or Request IFP Status
Effective February 7, 2005, all parties instituting any civil action, suit or proceeding in a district court of the United States, other than a writ of habeas corpus, must pay a filing fee of $250. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff has neither prepaid the $250 filing fee required to commence this action, nor has he submitted a Motion to Proceed IFP. Therefore, this action is subject to immediate dismissal.
II. Conclusion and Order
For the reasons set forth above, the Court hereby:
(1) DISMISSES this action sua sponte without prejudice for failing to pay the $250 filing fee, to file a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and
(2) GRANTS Plaintiff forty-five (45) days leave from the date this Order is stamped "Filed" to: (a) prepay the entire $250 civil filing fee in full; or (b) complete and file the attached "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis" which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR 3.2(b).
IT IS SO ORDERED.