Gastelum v. Dick's Sporting Goods Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO GASTELUM, ) Case No.: 1:21-cv-1289 NONE JLT ) 12 Plaintiff, ) ORDER DIRECTING PLAINTIFF TO PAY THE 13 v. ) FILING FEE OR FILE A MOTION TO PROCEED ) IN FORMA PAUPERIS 14 DICK’S SPORTING GOODS, INC., ) ) 15 Defendant. ) ) 16 17 Plaintiff initiated an action by filing a complaint on August 24, 2021. 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). The Court may authorize the commencement of an action without the filing 20 fee “by a person who submits an affidavit that includes a statement of all assets such [person] possesses 21 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 is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 24 The matter cannot proceed before the Court at this time because Plaintiff failed to pay the 25 requisite filing fee or to file a motion to proceed in forma pauperis. Accordingly, the Court ORDERS: 26 1. Plaintiff SHALL pay the filing fee within 21 days of service of this order, or 27 2. In the alternative, Plaintiff SHALL file a motion to proceed in forma pauperis within 28 21 days of service of this order; and 1 3. Plaintiff is advised that failure to comply with this order may result in dismissal of this 2 action pursuant to Local Rule 110. 3 4 IT IS SO ORDERED. 5 Dated: August 24, 2021 _ /s/ Jennifer L. Thurston 6 CHIEF UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28