Opinion
1:23-CV-3148-TOR
12-18-2023
JUSTIN FLAMMINGSTAR MARTINEZ, Plaintiff, v. YAKIMA COUNTY JAIL ADMINISTRATION, BUREAU OF PRISONS, and YAKIMA COUNTY MEDICAL, Defendants.
ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH FILING FEE OR IN FORMA PAUPERIS REQUIREMENTS
THOMAS O. RICE UNITED STATES DISTRICT JUDGE
Plaintiff Justin Flammingstar Martinez, a pretrial detainee currently housed at the Yakima County Jail, filed this pro se civil rights complaint pursuant to 42 U.S.C. § 1983 on September 25, 2023. ECF No. 1. Plaintiff did not pay the $402.00 filing fee to commence an action ($350.00 filing fee, plus $52.00 administrative fee) or properly seek leave to proceed in forma pauperis.
On October 25, 2023, this Court issued an Order to Clarify Prisoner Status and/or Pay Filing Fee. ECF No. 7. The Court ordered Plaintiff to clarify his prisoner status between March 25, 2023, and September 12, 2023, and if he was incarcerated at any point during that timeframe, to provide certified copies of his trust fund account statement(s) (or institutional equivalent(s)), obtained from the appropriate official of each prison or jail at which he was confined. Id. at 2. In the alternative, Plaintiff was instructed to pay the filing fee of $402.00. Id. at 3. The Court cautioned that failure to comply with these directives on or before December 11, 2023, would result in dismissal of this action. Id.
Plaintiff did not comply with these directives and has filed nothing further. Accordingly, for the reasons set forth above and in the Court's prior Order, ECF No. 7, IT IS ORDERED that this action is DISMISSED WITHOUT PREJUDICE for failure to comply with the filing fee and in forma pauperis requirements of 28 U.S.C. §§ 1914 and 1915. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith and would lack any arguable basis in law or fact.
IT IS SO ORDERED. The Clerk's Office is directed to enter this Order, enter judgment, provide copies to Plaintiff at his last known addresses, and CLOSE the file.