Neal v. Inslee

FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Oct 06, 2020 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON BRETT WYATT NEAL, NO: 1:20-CV-3120-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS JAY INSLEE, STATE OF WASHINGTON, COUNTY OF YAKIMA, DISTRICT ATTORNEY’S OFFICE and JOSEPH BRUSIE, 13 Defendants.

15 By Order filed September 11, 2020, the Court directed Plaintiff to submit a certified copy of his six-month inmate trust account statement (or institutional equivalent) for the period immediately preceding August 20, 2020, within 21 days of the date of that Order. ECF No. 5. 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 submitted his six-month inmate trust account statement (or institutional equivalent) by the due date of October 2, 2020.

2 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 5 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).

11 Accordingly, IT IS ORDERED that this action is DISMISSED WITHOUT PREJUDICE for failing to pay the filing fee under 28 U.S.C. § 13 1914(a) or comply with 28 U.S.C. § 1915(a).

14 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 in this case.

17 DATED October 6, 2020.

18 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 19 United States District Judge