Filed: Nov. 15, 2019
Latest Update: Nov. 15, 2019
Summary: ORDER AND FINDINGS AND RECOMMENDATIONS KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel. On October 4, 2019, the district court revoked plaintiff's in forma pauperis status and ordered plaintiff to pay the $400.00 filing fee within 21 days. Such deadline has now passed, and plaintiff has not paid the filing fee. Therefore, this action should be dismissed based on plaintiff's failure to comply with the court's order. Fed. R. Civ. P. 41(b). On
Summary: ORDER AND FINDINGS AND RECOMMENDATIONS KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel. On October 4, 2019, the district court revoked plaintiff's in forma pauperis status and ordered plaintiff to pay the $400.00 filing fee within 21 days. Such deadline has now passed, and plaintiff has not paid the filing fee. Therefore, this action should be dismissed based on plaintiff's failure to comply with the court's order. Fed. R. Civ. P. 41(b). On O..
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ORDER AND FINDINGS AND RECOMMENDATIONS
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding without counsel. On October 4, 2019, the district court revoked plaintiff's in forma pauperis status and ordered plaintiff to pay the $400.00 filing fee within 21 days. Such deadline has now passed, and plaintiff has not paid the filing fee. Therefore, this action should be dismissed based on plaintiff's failure to comply with the court's order. Fed. R. Civ. P. 41(b).
On October 17, 2019, plaintiff filed a request that he not be charged for the court's filing fee in light of the district court's order revoking plaintiff's in forma pauperis status, and seeks a refund of the $5.00 paid to date.
All parties instituting any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, are required to pay a filing fee of $400.1 See 28 U.S.C. § 1914(a). The action may proceed despite a plaintiff's failure to prepay the entire fee only if he is granted leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, a prisoner granted leave to proceed in forma pauperis remains obligated to pay the entire fee in "increments" or "installments." Bruce v. Samuels, 136 S.Ct. 627, 629 (2016); Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015). Such obligation remains, regardless of whether his action is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002).
Because payment of the court's filing fee is required, the court does not have authority to waive or refund the filing fee in this case. Thus, plaintiff's request (ECF No. 52) is denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff's request (ECF No. 52) is denied. Further, IT IS RECOMMENDED that:
1. This action be dismissed without prejudice; and
2. The Clerk of the Court be directed to terminate all pending motions and close this case.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within fourteen days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
