Opinion
CV 23-8756-JFW(AJR)
01-31-2024
Calandra Smith v. Department of Public Social Services
PRESENT: HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES -- GENERAL
PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING CASE FOR FAILURE TO PAY FILING FEE
All parties instituting a civil action, suit, or proceeding in a district court of the United States must pay a filing fee. 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay the filing fee only if the party is granted leave to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).
On December 15, 2023, the Court denied Plaintiff's request to proceed in forma pauperis and directed her to pay the full filing fee. (Dkt. 8). The Court warned that if Plaintiff did not comply within 30 days, the case would be dismissed without prejudice. (Id.).
To date, Plaintiff has not paid the filing fee or otherwise responded to the Court's Order. Accordingly, this action is DISMISSED without prejudice. See, e.g., Roberts v. Soc. Sec. Dep't, 2022 WL 4088755, at *2 (S.D. Cal. Sept. 6, 2022) (action may be dismissed without prejudice where plaintiff fails to establish in forma pauperis status and does not pay the required filing fee).
IT IS SO ORDERED.