IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

MOSES BRIAN MOSS, Case No. 22-cv-115-DKW-WRP

Plaintiff, ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE FOR vs. FAILURE TO PROSECUTE

UNITED STATES OR STATE OF HAWAII TREASURY TRUST FUND,

Defendant.

On March 21, 2022, pro se Plaintiff Moses Brian Moss filed a Complaint (Dkt. No. 1) in this Court that was not accompanied by either a filing fee or an application to proceed in forma pauperis. That same day, Moss was advised by the Court via Deficiency Order (Dkt. No. 2) that if he did not either pay the required filing fee of $350.00 and the administrative fee of $52.00 or submit a completed in forma pauperis application within twenty-eight days, his Complaint would be automatically dismissed. See

(a); District Court Miscellaneous Fee Schedule ¶ 14 (effective Dec. 1, 2020). More than twenty-eight days have passed, and Moss has failed to either pay the filing and administrative fees or submit an in forma pauperis application. Therefore, the Court dismisses this action without prejudice for failure to prosecute or otherwise follow a court order. See Fed. R. Civ. P. 41(b); Olivares v. Marshall,

(9th Cir. 1995) (stating that the district court may dismiss a complaint for failure to pay partial filing fee); Jn re Perroton,

(9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees). CONCLUSION Consistent with the foregoing, the Complaint (Dkt. No. 1) is DISMISSED without prejudice. IT IS SO ORDERED. DATED: April 27, 2022 at Honolulu, Hawai’1.

TES ISTRY & SS 3% a ae /s/ Derrick K. Watson VE Derrick K. Watson iM United States District Judge Baye

Moses Brian Moss vy. United States or State of Hawaii Treasury Trust Fund; Civil No. 22-00115 DK W-WRP; ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE