CENTRAL DISTRICT OF CALIFORNIA JS-6

CIVIL MINUTES—GENERAL

Case No. CV 23-0212-MWF (MAA) Date: April 3, 2023 Title: Floyd Eugene Bender, Jr. v. J. Wu, et al.

Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge

Deputy Clerk: Court Reporter: Rita Sanchez Not Reported

Attorneys Present for Plaintiff: Attorneys Present for Defendant: None Present None Present

Proceedings (In Chambers): ORDER DISMISSING CASE FOR FAILURE TO PAY FULL FILING FEE OR FILE A COMPLETE REQUEST FOR IN FORMA PAUPERIS STATUS

All parties instituting a civil action, suit, or proceeding in a district court of the United States must pay a filing fee.

(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

(a)(1). However, prisoners must still pay the filing fee but may do so through monthly installment payments if granted in forma pauperis status.

(b).

On January 6, 2023, Plaintiff, an inmate incarcerated at the Twin Towers Correctional Facility in Los Angeles, filed a Complaint, and on February 16, 2023, filed a request to proceed in forma pauperis (“Request”). (Docket Nos. 1, 5). On February 22, 2023, the Court postponed ruling on the Request because Plaintiff failed to provide the required certificate of authorized officer and a certified copy of his prison or jail trust fund statement for the last six months. (Docket No. 7). The Court directed him to refile his Request, including with the missing documentation, or pay the full filing fee. (Id.). 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, provided the necessary information to determine in forma pauperis status, or otherwise responded to the Court’s order requiring him to do either. ______________________________________________________________________________ CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 23-0212-MWF (MAA) Date: April 3, 2023 Title: Floyd Eugene Bender, Jr. v. J. Wu, et al.

Accordingly, Plaintiff’s Request is DENIED as incomplete, and this action is DISMISSED without prejudice. See, e.g., Allen v. United States Dist. Ct. Dist. of Nevada,

, at *2 (D. Nev. Oct. 25, 2022) (dismissing § 1983 action where inmate failed to pay full filing fee or file a complete request for in forma pauperis status).

IT IS SO ORDERED.

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