Stephens v. Capital One

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Feb 09, 2024 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON KEISHA L. STEPHENS, NO. 2:23-CV-0366-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE CAPITAL ONE, Defendant.

13 BEFORE THE COURT is the Court’s Order to Comply with Filing Fee Requirement. ECF No. 5. The Court has reviewed the record and files herein and is fully informed. For the reasons discussed below, this action is dismissed without prejudice.

17 On December 15, 2023, Plaintiff filed a pro se civil Complaint, along with an application to proceed in forma pauperis. Plaintiff was advised that her household resources exceed what the Court deems to be an indigent household.

20 ECF No. 4. Plaintiff was then ordered to pay the filing fee by February 5, 2024.

ECF No. 5. Plaintiff was warned that “Failure to timely pay the filing fee will be 2|| construed as Plaintiff's consent to the dismissal of this action.” /d.

3 Plaintiff did not comply and has not paid the statutorily required filing fee.

4 Parties filing actions in the United States District Court are required to pay 5|| filing fees. 28 U.S.C. § 1914(a). Failure to pay the statutory filing fee will result 6|| 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 complaint for failure to pay filing fee); In re Perroton, 958 F.2d 889, 890 (9th Cir. 9|| 1992) (affirming dismissal of appeal of pro se litigant for failure to pay required filing fees).

11} } ACCORDINGLY, IT IS HEREBY ORDERED: 12 This action is DISMISSED without prejudice for failing to pay the filing fee 13 pursuant to 28 U.S.C. § 1914(a).

14 The District Court Executive is directed to enter this Order, enter judgment 15|| accordingly, furnish a copy to Plaintiff at the address of record, and CLOSE the file.

17 DATED February 9, 2024.

Is CO ee So Hea, 0 hk Kes 19 □□ THOMAS O. RICE <> United States District Judge