From Casetext: Smarter Legal Research

Legaspy v. Armenta

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Feb 6, 2013
Civil No. 13cv0301 LAB (BLM) (S.D. Cal. Feb. 6, 2013)

Opinion

Civil No. 13cv0301 LAB (BLM)

02-06-2013

MIGUEL LEGASPY, Inmate Booking No. 12590965, Plaintiff, v. AW ARMENTA; ROBERT HERNANDEZ; NURSING PERSONNEL CORRECTIONAL OFFICERS, Defendants.


ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE FOR FAILING

TO PAY FILING FEE REQUIRED BY 28 U.S.C. § 1914(a) AND/OR FAILING TO MOVE

TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a)

Miguel Legaspy ("Plaintiff"), currently housed at the George Bailey Detention Facility located in San Diego, California, and proceeding pro se, has filed a civil action.

I. Failure to Pay Filing Fee or Request IFP Status

All parties instituting any civil action, suit or proceeding in any district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay this filing fee only if the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

Plaintiff has not prepaid the $350 filing fee required to commence a civil action, nor has he submitted a Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a). Therefore, the action cannot yet proceed. Id.

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 $350 filing fee or 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 filed to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to Proceed IFP which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b).

IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with this Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis." If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit the enclosed Motion to Proceed IFP within that time, this action shall remain dismissed without prejudice and without further Order of the Court.

_______________

HONORABLE LARRY ALAN BURNS

United States District Judge


Summaries of

Legaspy v. Armenta

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Feb 6, 2013
Civil No. 13cv0301 LAB (BLM) (S.D. Cal. Feb. 6, 2013)
Case details for

Legaspy v. Armenta

Case Details

Full title:MIGUEL LEGASPY, Inmate Booking No. 12590965, Plaintiff, v. AW ARMENTA…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Feb 6, 2013

Citations

Civil No. 13cv0301 LAB (BLM) (S.D. Cal. Feb. 6, 2013)