RP Golden State Management, LLC v. Boyle ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RP GOLDEN STATE MANAGEMENT, ) Case No.: 1:20-cv-1479 NONE JLT LLC; ASHA DESAI; and PAUL DESAI, ) 12 ) ORDER DIRECTING PLAINTIFFS TO PAY THE Plaintiffs, FILING FEE OR FILE A MOTION TO PROCEED ) 13 IN FORMA PAUPERIS ) v. 14 ) STEPHEN H. BOYLE, et al., ) 15 ) Defendants. ) 16 ) 17 Plaintiffs initiated this action by filing a complaint on October 19, 2020. As a general rule, all 18 parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing 19 fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of an action without 20 the filing fee “by a person who submits an affidavit that includes a statement of all assets such [person] 21 possesses that the person is unable to pay such fees or give security therefore.” 28 U.S.C. § 1915(a)(1). 22 Therefore, an action may proceed despite a failure to prepay the filing fee only if leave to proceed in 23 forma pauperis (“IFP”) is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 24 1999). 25 Plaintiffs failed to pay the requisite filing fee or to file a motion to proceed in forma pauperis, 26 and the matter cannot proceed before the Court at this time. Accordingly, the Court ORDERS: 27 1. Plaintiffs SHALL pay the filing fee within 21 days of service of this order, or 28 2. In the alternative, Plaintiffs SHALL file a motion to proceed in forma pauperis within 1 21 days of service. 2 3. Failure to comply with this order may result in dismissal of this action pursuant to 3 Local Rule 110. 4 5 IT IS SO ORDERED. 6 Dated: October 20, 2020 /s/ Jennifer L. Thurston 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28