Donte Markell Henry v. Anthony King ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 DONTE MARKELL HENRY, ) No. 5:19-cv-01915-GW (JDE) ) 12 Plaintiff, ) ) ORDER DISMISSING 13 v. ) COMPLAINT ) 14 ANTHONY KING, et al., ) ) 15 Defendants. ) ) 16 ) 17 On October 7, 2019, Donte Markell Henry (“Plaintiff”), proceeding pro 18 se and then an inmate at the West Valley Detention Center in Rancho 19 Cucamonga, California, filed a civil rights complaint asserting claims for 20 damages against government employees relating to his arrest and confinement. 21 Dkt. 1. The Complaint was not accompanied by a filing fee or a request to 22 proceed in forma pauperis (“IFP”). 23 All parties instituting any civil action in a district court, except an 24 application for writ of habeas corpus, must pay a filing fee of $400. 1 See 28 25 1 In addition to a $350 filing fee, civil litigants must pay an administrative fee 26 of $50. See 28 U.S.C. § 1914 (Judicial Conference Schedule of Fees, District Court 27 Misc. Fee Schedule, § 14). The additional $50 fee does not apply to persons granted leave to proceed IFP. See id. 28 1 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay 2 ||the entire fee only if he is granted leave to proceed IFP under 28 U.S.C. § 3 || 1915(a). See Andrew v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). 4 Plaintiff has not prepaid the $350 filing or $50 administrative fee 5 ||required to commence this civil action, nor has he submitted a properly 6 ||supported request to proceed IFP. 7 On October 17, 2019, the assigned magistrate judge issued an order 8 || advising Plaintiff of the deficiencies, directing Plaintiff to pay the filing fee or 9 || file a properly supported IFP request within 30 days, and warning Plaintiff that 10 |/a failure to do so would result in a recommendation that the action be 11 || dismissed. Plaintiff has still not paid the required filing fee, filed a request to 12 || proceed IFP, or sought additional time in which to do so. Thus, his case 13 || cannot proceed. See 28 U.S.C. § 1914(a); Andrews, 493 F.3d at 1051. 14 IT IS THEREFORE ORDERED that the case be immediately 15 || DISMISSED without prejudice and Judgment be entered accordingly. 16 17 || Dated: December 17, 2019 Alongs Hy be is GEORGEH. WU 20 United States District Judge 21 22 || Presented by: Le LG 24 25 ||JOHN D. EARLY 26 United States Magistrate Judge 27 28