Palmer v. Dayle

FILED IN THE 2 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Aug 12, 2024 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON AMANDA TERECIA PALMER, No. 2:24-CV-146-MKD 8 Plaintiff, ORDER OF DISMISSAL 9 v. VENETIA TONIA DAYLE, 11 Defendant.

Plaintiff commenced this action on May 3, 2024, ECF No. 1, and applied to proceed in forma pauperis, ECF No. 3. On May 20, 2024, the Court denied Plaintiff’s in forma pauperis application as “incomplete.” ECF No. 4. The Court instructed Plaintiff to, within thirty days, “submit a new Application including the household income to proceed in forma pauperis or pay the full filing fee.” Id. Plaintiff filed an Amended Complaint on June 20, 2024, ECF No. 5, and again applied to proceed in forma pauperis, ECF No. 7. On July 5, 2024, the Court denied Plaintiff’s in forma pauperis application, noting it “remains incomplete.”

ECF No. 8 at 2. The Court instructed Plaintiff to, within thirty days, “submit a new Application including the household income to proceed in forma pauperis or pay the full filing fee.” Id. To date, Plaintiff has neither submitted a new application nor paid the filing fee.

4 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 7 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 a complaint for failure to pay filing fee).

11 Accordingly, IT IS HEREBY ORDERED: 12 1. This action is DISMISSED WITHOUT PREJUDICE for failing to 13 pay the filing fee or filing a completed application to proceed in forma 14 pauperis.1 15 2. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal 16 of this Order would not be taken in good faith and would lack any 17 arguable basis in law or fact.

18 IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, provide copies to the parties, and CLOSE the file.

1 DATED August 12, 2024.

2 s/Mary K. Dimke MARY K. DIMKE 3 UNITED STATES DISTRICT JUDGE