Sand v. Camp Lejeune Case

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Feb 22, 2024 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON GRETCHEN ANNA SAND, NO. 4:23-CV-5167-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE CAMP LEJEUNE CASE, and OPTIMA TAX RELIEF, Defendants.

13 BEFORE THE COURT is the Court’s Order Denying Application to Proceed in Forma Pauperis. ECF No. 4. 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 7, 2023, Plaintiff filed a pro se complaint along with an insufficient application to proceed in forma pauperis. Plaintiff was advised of the deficiencies concerning her application to proceed in forma pauperis on December 8, 2023. ECF No. 4. Plaintiff was advised that she had thirty (30) days to submit a new Application or pay the full filing fee. /d. Plaintiff did neither.

2 Parties filing actions in the United States District Court are required to pay 3]| filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 4|| 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 6|| these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th 7\| Cir. 1995) (district court has authority to dismiss without prejudice prisoner || complaint for failure to pay partial filing fee); Jn re Perroton, 958 F.2d 889, 890 9|| (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay 10|| required filing fees).

ACCORDINGLY, IT IS HEREBY ORDERED: 12 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).

15 The District Court Executive is directed to enter this Order, enter judgment accordingly, furnish a copy to Plaintiff, and CLOSE the file.

17 DATED February 22, 2024.

gp TO, 0. Cee 19 On x THOMAS O. RICE <> United States District Judge