Opinion
2:23-cv-08457-VBF-AJR
01-31-2024
PRESENT: THE HONORABLE VALERIE BAKER FAIRBANK, U.S. 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 13, 2023, the Court denied Plaintiff's request to proceed in forma pauperis (“Request”) and directed him to pay the full filing fee. (CM/ECF Document 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. Accordingly, and this case 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.