Liles v. Knezovich

FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Mar 31, 2021 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON CANDI LEE LILES, NO: 2:20-CV-353-RMP 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE OZZIE KNEZOVICH; ANDREW ERIK SCHENK; and MONTY CHAMBERLAIN, 12 Defendants.

14 A Complaint was filed in the above-captioned cause on September 29, 2021.

15 ECF No. 1. On September 30, 2020, a Clerk’s Notice of Deficient Filing was entered informing Plaintiff that she must pay the required Civil Complaint filing fee or, in lieu of paying the filing fee, she must file the appropriate Application to Proceed In Forma Pauperis (IFP). ECF No. 2. The Notice also warned Plaintiff that failure to comply could result in dismissal of the action. ECF No. 2; see 28 U.S.C. § 20 1914 (filing fee a statutory prerequisite to a civil action in federal district court); 28 21 U.S.C. § 1915 (allowing district courts to grant leave to proceed in forma pauperis only after an individual submits an affidavit setting forth assets and an inability to pay).

3 To date, Plaintiff has not paid the required filing fee nor has she filed an Application to Proceed In Forma Pauperis. Therefore, dismissal without prejudice is appropriate. See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007).

6 IT IS HEREBY ORDERED that this case is DISMISSED WITHOUT PREJUDICE.

8 The District Court Clerk is hereby directed to enter this Order, provide a copy to Plaintiff at her last known address, and close the file in this case.

10 DATED March 31, 2021.

12 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 13 United States District Judge