Hart v. Scheedharan

FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Jun 13, 2025 4 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON JASON MARK HART, No. 4:25-CV-05045-SAB 11 Plaintiff, 12 v. ORDER DENYING LEAVE TO DILEEP SCHEEDHARAN, GARY PROCEED IN FORMA PAUPERIS LENO and CHRISTOPHER O’DELL, AND DISMISSING ACTION 15 Defendants.

17 By Order filed May 13, 2025, the Court directed Plaintiff, an individual incarcerated at the Washington State Penitentiary (“WSP”), to show cause why the Court should grant his application to proceed in forma pauperis under 28 U.S.C. § 20 1915(g). ECF No. 6. 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 June 12, 2025.

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

24 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. § 26 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 1|| pauperis. Because Plaintiff did not avail himself of the opportunity to pay the $405.00 filing fee, he may not proceed with this action.

3 Accordingly, IT IS HEREBY ORDERED: 1. Plaintiff's applications to proceed in forma pauperis, ECF Nos. 2 and 51/4, are DENIED.

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

8 3. The Clerk of Court shall CLOSE the file.

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

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

13 DATED this 13th day of June 2025.

IuGarh Stan Bastian 19 Chief United States District Judge ORDER DENYING LEAVE TO PROCEED JN FORMA PAUPERIS AND