Henderson v. Bakersfield Police Department ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OCTAVIO JAMAL HENDERSON, ) Case No.: 1:21-cv-01771-DAD-JLT ) 12 Plaintiff, ) ORDER DIRECTING PLAINTIFF TO PAY THE 13 v. ) FILING FEE OR FILE A MOTION TO PROCEED ) IN FORMA PAUPERIS 14 BAKERSFIELD POLICE DEPARTMENT, ) ) 15 Defendant. ) ) 16 17 Plaintiff initiated an action by filing a complaint on December 15, 2021. However, Plaintiff did 18 not pay the filing fee or file a motion to proceed in forma pauperis. As a general rule, all parties 19 instituting any civil action or proceeding in a United States District Court must pay a filing fee. 28 20 U.S.C. § 1915(a). The Court may authorize the commencement of an action without the filing fee “by 21 a person who submits an affidavit that includes a statement of all assets such [person] possesses that the 22 person is unable to pay such fees or give security therefore.” 28 U.S.C. § 1915(a)(1). Therefore, an 23 action may proceed despite a failure to prepay the filing fee only if leave to proceed in forma pauperis 24 is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 25 Because Plaintiff failed to pay the requisite filing fee or to file an affidavit concerning his 26 finances under oath with a request to proceed in forma pauperis, the matter cannot proceed before the 27 Court at this time. Accordingly, the Court ORDERS: 28 1. Plaintiff SHALL pay the filing fee within 21 days of service of this order, or Plaintiff 1 SHALL file a motion to proceed in forma pauperis within 21 days of service. 2 2. The Clerk of Court is directed to return the documents previously submitted and 3 provide a copy of the Court’s application form for parties to proceed in forma pauperis. 4 Plaintiff is advised that failure to comply with this order may result in dismissal of this action pursuant 5 to Local Rule 110. 6 7 IT IS SO ORDERED. 8 Dated: December 15, 2021 _ /s/ Jennifer L. Thurston 9 CHIEF UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28