Lee v. Knezovich

FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Jun 01, 2020 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JOHN JOSEPH LEE, NO: 2:20-CV-2-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS OZZIE KNEZOVICH, SPOKANE COUNTY COMMISSIONERS, and SPOKANE VALLEY POLICE DEPARTMENT, Defendants.

14 By Order filed March 31, 2020, the Court directed Plaintiff to submit a completed application to proceed in forma pauperis and to submit a certified copy of his six-month inmate trust account statement (or institutional equivalent) for the period immediately preceding January 2, 2020 within twenty one days of the date of that Order. ECF No. 3. In the alternative, Plaintiff was advised he could pay the full $400.00 filing fee. Id. Plaintiff was cautioned that his failure to do so would result in the dismissal of this case. Id. Plaintiff has neither paid the filing fee nor returned the application to proceed in forma pauperis along with his six-month inmate trust account statement (or institutional equivalent) by the due date of April 21, 2020.

2 A copy of this Order was mailed to Plaintiff at Spokane County Detention Services and returned as undeliverable on April 8, 2020, with the notation, “Not in jail.” ECF No. 4. Plaintiff has not kept the Court apprised of his current address and has filed nothing further in this action.

6 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 granting of in forma pauperis status. See 28 9 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).

15 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).

18 // // // // 1 IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter judgment, forward copies to Plaintiff at the address provided, and CLOSE the file.

4 DATED June 1, 2020.

s/ Rosanna Malouf Peterson 6 ROSANNA MALOUF PETERSON United States District Judge