Celli v. Spokane County Jail

FILED IN THE 2 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Jan 16, 2020 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON VICTOR A. CELLI, JR., NO: 2:19-CV-284-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS SPOKANE COUNTY JAIL and STATE OF WASHINGTON, Defendant.

13 Plaintiff Victor A. Celli, Jr., filed a civil rights complaint pursuant to 42 14 U.S.C. § 1983 while a prisoner at Spokane County Detention Services. ECF No. 1.

15 On November 15, 2019, after being notified of Mr. Celli’s release from incarceration to a residential address in Spokane, Washington, the Court instructed Plaintiff to complete and file a new financial affidavit as required by 28 U.S.C. § 18 1915(a)(1), or to pay the applicable filing fee of $400.00 ($350.00 filing fee, plus $50.00 administrative fee). ECF No. 7. Plaintiff was warned that failure to do either within 30 days would result in the dismissal of this case. Id. Plaintiff did not comply with these directives and has filed nothing further in this action.

1 Parties filing actions in the United States District Court are required to pay filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate payment of a filing fee only upon the granting of in forma pauperis status. See 28 4 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (district court has authority to dismiss without prejudice prisoner complaint for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees).

10 Accordingly, IT IS ORDERED that this action is DISMISSED without prejudice for failing to pay the filing fee or filing a properly completed Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a).

13 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment, forward copies Plaintiff at the address provided and CLOSE the file.

16 DATED January 16, 2020.

s/ Rosanna Malouf Peterson 18 ROSANNA MALOUF PETERSON United States District Judge