1 2 3 JS-6 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSEPH APODACA, Case No. 2:23-cv-04527-MWF-PD 12 Plaintiff, ORDER DISMISSING ACTION

FOR FAILUTRE TO PAY FILING

13 v.

FEE AND COMPLY WITH

14 W. Z. JENKINS, et al., COURT ORDERS 15 Defendants. 16 17 All parties instituting a civil action, suit, or proceeding in a district 18 court of the United States must pay a filing fee. 28 U.S.C. § 1914(a). 19 An action may proceed despite a party’s failure to pay the filing fee only if the 20 party is granted leave to proceed in forma pauperis under 28 U.S.C. 21 § 1915(a)(1). However, prisoners must still pay the filing fee but 22 may do so through monthly installment payments if granted in forma 23 pauperis status. 28 U.S.C. § 1915(b). 24 On June 8, 2023, Plaintiff, a federal detainee housed at the 25 Metropolitan Detention Center (“MDC”) in Los Angeles, California, filed a 26 Complaint with an accompanying request to proceed without prepayment of 27 fees (“Request”) and Declaration in Support of Request. [Dkt. Nos. 1-3.] On 28 June 23, 2023, the Court postponed ruling on the Request because it was 1 | incomplete: (1) Plaintiff did not submit a certified copy of a trust fund 2 || statement for the last six months; and (2) Plaintiff's Request lacks a 3 || certificate of authorized officer. [Dkt, No. 11.] The Court directed him to 4 || refile a fully completed Request or pay the full filing fee. [Jd.] The Court 5 || warned that if Plaintiff did not comply within 30 days, the case would be 6 || dismissed without prejudice. [/d.] 7 To date Plaintiff has not paid the filing fee, refiled his Request, or 8 || otherwise responded to the Court’s order requiring him to do either. 9 Accordingly, Plaintiff's Request is DENIED as incomplete, and this 10 || action is DISMISSED without prejudice. See, e.g., Deloza v Chakrabarry, 11 || 2023 WL 3010150, at *1 (C.D. Cal. Apr. 19, 2023) (dismissing § 1983 action 12 || where inmate failed to pay full filing fee or file a complete request for in forma 13 || pauperis status). 14 IT IS SO ORDERED. 15 16 || Dated: August 10, 2023. = 7 □□ □ Ky Gp piel

MICHAEL W. FITZGERALD — |

19 United States District Judge 20 21 22 23 24 25 26 27 28