Desai v. Biden

8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PAUL DESAI, ) Case No.: 1:20-cv-1579 NONE JLT ) 12 Plaintiff, ) ORDER DIRECTING PLAINTIFF TO PAY THE ) FILING FEE OR FILE A MOTION TO PROCEED 13 v. IN FORMA PAUPERIS ) JOE BIDEN, et al., ) ) 15 Defendants. ) ) 16 ) 17 Plaintiff initiated this action by filing a complaint on November 5, 2020. As a general rule, all parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of an action without the filing fee “by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefore.” 28 U.S.C. § 22 1915(a)(1). Therefore, an action may proceed despite a failure to prepay the filing fee only if leave to proceed in forma pauperis (“IFP”) is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

25 Plaintiff failed to pay the requisite filing fee or to file a motion to proceed in forma pauperis, and the matter cannot proceed before the Court at this time. Accordingly, the Court ORDERS: 27 1. Plaintiff SHALL pay the filing fee within 21 days of service of this order, or 28 2. Plaintiff SHALL file a motion to proceed in forma pauperis within 21 days of service.

1 3. Failure to comply with this order may result in dismissal of this action pursuant to 2 Local Rule 110.

4 IT IS SO ORDERED.

5 Dated: November 10, 2020 /s/ Jennifer L. Thurston 6 UNITED STATES MAGISTRATE JUDGE