Opinion
21-23536-ClV-MORE
10-19-2021
JOSE MALDONADO-AVILES, Plaintiff, v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, Defendant.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE
THIS CAUSE came before the Court upon Motion for Leave to Proceed In Forma Pauperis (D.E. 3), filed on October 7, 2021.
THE COURT has considered the motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is
ADJUDGED that the motion is DENIED. Plaintiff seeks in forma pauperis relief as a prisoner under 28 U.S.C. .§ 1915(a). Plaintiff, however, is not a prisoner under the terms of § 1915(h), which defines prisoner as "any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law[.]" As an immigration detainee, Plaintiff does not meet the statutory criteria and therefore, the Court will not allow the case to proceed without payment of the filing fee. Plaintiff shall pay . the filing fee by no later than October 28, 2021. Failure to do so will result in dismissal without prejudice of Plaintiff s case.
DONE AND ORDERED.
Copies furnished to: Counsel of Record