Kelly McKee v. L.A. County

United States District Court for the Central District of California

Kelly McKee v. L.A. County

Trial Court Opinion

JS-6 CIVIL MINUTES – GENERAL

Case No. 2:23-cv-06314-JLS-MAA Date: December 19, 2023 Title: Kelly McKee v. L.A. County

Present: The Honorable JOSEPHINE L. STATON, U.S. District Judge

Gabby Garcia Not Reported Deputy Clerk Court Reporter / Recorder

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

Proceedings (In Chambers): ORDER DISMISSING CASE FOR FAILING TO ESTABLISH IN FORMA PAUPERIS STATUS, PAY FILING FEE, OR RESPOND TO COURT ORDER

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). Plaintiff Kelly McKee filed a civil complaint with an accompanying request to proceed in forma pauperis (“IFP Request”). Dkts. 1, 2. On October 24, 2023, the Court postponed ruling on the IFP Request to allow Plaintiff to provide additional information. Dkt. 5. The Court directed Plaintiff to refile a fully completed IFP Request or pay the full filing fee, and it warned that the case would be dismissed without prejudice if she did not comply in 30 days.

Id.

/// JS-6 CIVIL MINUTES – GENERAL

Case No. 2:23-cv-06314-JLS-MAA Date: December 19, 2023 Title: Kelly McKee v. L.A. County

To date Plaintiff has not complied with, 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.

Reference

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