Winterer v. United States

Docket 2:24-cv-00214

Filed
2024-06-20
Terminated
2024-08-29
Case type
cv

Outcome

judgment on motion before trial

FJC civil IDB DISTRICT=80 OFFICE=2 DOCKET=2400214 FILEDATE=06/20/2024 DISP=6, PROCPROG=2, JUDGMENT=4; codebook: https://www.fjc.gov/sites/default/files/idb/codebooks/Civil%20Codebook%201988%20Forward%2010252023.pdf

Outcome source

Parties and representation

      Party and firm records are not available for this case.

      Panel

        No sourced panel votes are recorded.

        Opinions and documents

        1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Aug 29, 2024 3 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 JARED ANTHONY WINTERER, NO: 2:24-CV-00214-RMP 8 Plaintiff, ORDER DISMISSING ACTION FOR 9 v. FAILURE TO COMPLY WITH FILING FEE REQUIREMENTS 10 UNITED STATES, 11 Defendant. 12 13 By Order filed July 25, 2042, the Court directed Plaintiff Jared Anthony 14 Winterer, a pro se prisoner at the Washington Corrections Center in Shelton, 15 Washington, to submit a completed Declaration and Application to Proceed In 16 Forma Pauperis, along with a certified copy of his six-month inmate trust account 17 statement (or institutional equivalent) for the period immediately preceding June 18 20, 2024, within thirty days of the date of that Order. ECF No. 4 at 2. In the 19 alternative, Plaintiff was advised that he could pay the full $405.00 filing fee. Id. 20 The Court cautioned Plaintiff that his failure to comply with either option 21 would result in the dismissal of this case. Id. Plaintiff has neither paid the filing 1 fee nor submitted the documents necessary to proceed in forma pauperis by the 2 due date of August 26, 2024. 3 Parties filing actions in the United States District Court are required to pay 4 filing fees. 28 U.S.C. § 1914(a). An action may proceed without the immediate 5 payment of a filing fee only upon granting of in forma pauperis status. See 28 6 U.S.C. § 1915. Failure to pay the statutory filing fee will result in dismissal of 7 these actions without prejudice. See Olivares v. Marshall, 59 F.3d 109, 112 (9th 8 Cir. 1995) (district court has authority to dismiss without prejudice prisoner 9 complaint for failure to pay partial filing fee); In re Perroton, 958 F.2d 889, 890 10 (9th Cir. 1992) (affirming dismissal of appeal of pro se litigant for failure to pay 11 required filing fees). 12 Accordingly, IT IS ORDERED that this action is DISMISSED without 13 prejudice for failing to pay the filing fee or filing a properly completed Application 14 to Proceed In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). 15 IT IS SO ORDERED. The District Court Clerk is directed to enter this 16 Order, enter judgment, forward copies to Plaintiff at the address provided, and 17 CLOSE the file. The Court certifies that an appeal of this Order could not be 18 taken in good faith. 19 DATED August 29, 2024. 20 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 21 Senior United States District Judge

        Not legal advice. These patterns come from public court records, not ratings of judges as people. They may reflect the types of cases a judge handles, local procedures or other factors, and they do not account for the facts of any individual case. Past patterns do not predict future rulings. Records can be incomplete, months behind current activity, or matched to the wrong person; sealed and confidential cases are not included. Use this as one piece of information, never the sole basis for legal strategy or a recusal motion. Full disclaimer: https://judgefinder.io/legal/disclaimer Read the full disclaimer.