1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DAVID B. TURNER, JR., Case No.: 24-CV-455 JLS (AHG)

12 Plaintiff, ORDER DISMISSING ACTION 13 v. WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE 14 CHASE BANK, REQUIRED BY

(a) 15 Defendant. (ECF No. 1) 16

17 Presently before the Court is Plaintiff David B. Turner, Jr.’s Complaint (“Compl.,” 18 ECF No. 1). Plaintiff, who is proceeding pro se, claims he was injured by one of Defendant 19 Chase Bank’s employees. See Compl. Plaintiff seeks $17,000,000 in damages. See

20 All parties instituting any civil action, suit, or proceeding in a district court of the 21 United States, except an application for writ of habeas corpus, must pay a filing fee of 22 $405. See

(a). The action may proceed despite a plaintiff’s failure to 23 prepay the entire fee only if he is granted leave to proceed in forma pauperis (“IFP”) 24 pursuant to

(a)(1). See Andrews v. Cervantes,

, 1051 25 (9th Cir. 2007); Rodriguez v. Cook,

(9th Cir. 1999). 26 Plaintiff has not prepaid the fees required to commence this civil action, nor has he 27 submitted a properly supported motion to proceed IFP. As a result, his case cannot yet 28 proceed. See

(a); Andrews,

. 1 In light of the foregoing, the Court: 2 (1) DISMISSES this action WITHOUT PREJUDICE based on Plaintiff's 3 || failure to pay the $405 civil filing and administrative fee required by

(a), 4 ||and his failure to properly move to proceed IFP pursuant to

(a); and 5 (2) GRANTS Plaintiff thirty (30) days from the date of this Order to re-open his 6 ||case by: (a) paying the entire $405 statutory and administrative fee filing fee; or 7 completing and filing an Application to Proceed in District Court Without Prepaying 8 ||Fees or Costs, which is available online at https://www.casd.uscourts.gov/_assets/pdf/ 9 || forms/AO239_Application% 20to% 20Proceed% 20 Without% 20Prepayment.pdf. Should 10 || Plaintiff fail to either pay the filing fee or file a motion to proceed IFP, this civil action 11 || will remain dismissed without prejudice pursuant to

(a), and without 12 || further order of the Court. 13 IT IS SO ORDERED. 14 ||Dated: March 13, 2024 psi L. Lo meeaitie- 15 on. Janis L. Sammartino 6 United States District Judge

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