Winterer v. United States

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 Sep 04, 2024 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JARED ANTHONY WINTERER, NO: 2:24-CV-00215-RMP 8 Plaintiff, ORDER DENYING LEAVE TO 9 v. PROCEED IN FORMA PAUPERIS AND DISMISSING CASE UNITED STATES, 11 Defendant.

13 By Order filed July 31, 2024, the Court directed Plaintiff Jared Anthony Winterer, a pro se prisoner at the Washington Corrections Center in Shelton, Washington, to show cause why the Court should grant his application to proceed in forma pauperis under 28 U.S.C. § 1915(g). ECF No. 7. In the alternative, Plaintiff could have paid the $405.00 filing fee ($350.00 statutory filing fee, plus $55.00 administrative fee). Id. His deadline to comply with this Order was August 30, 2024.

20 Plaintiff has failed to show cause or to pay the filing fee for this action.

21 Having reviewed Plaintiff’s submissions, the Court finds that he has failed to demonstrate that he is eligible to proceed in forma pauperis under 28 U.S.C. § 2 1915(g), or that he was under imminent danger of serious physical injury when he filed his complaint. See Andrews v. Cervantes, 493 F.3d 1047, 1055–56 (9th Cir. 2007). Therefore, Plaintiff has lost the privilege of filing this lawsuit in forma pauperis. Because Plaintiff did not avail himself of the opportunity to pay the $405.00 filing fee, he may not proceed with this action.

7 Accordingly, IT IS HEREBY ORDERED: 8 1. Plaintiff’s application to proceed in forma pauperis, ECF No. 4, is 9 DENIED.

10 2. This action is DISMISSED WITHOUT PREJUDICE for non- 11 payment of the filing fee as required by 28 U.S.C. § 1914.

12 3. The District Court Clerk shall CLOSE the file.

13 4. The Court certifies any appeal of this dismissal would not be taken in 14 good faith.

15 IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter judgment, and provide copies to Plaintiff.

17 DATED September 4, 2024.

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