Koresko

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN J. KORESKO, ) Case No.: 1:21-cv-01432 - JLT ) Plaintiff, ) ORDER DIRECTING PLAINTIFF TO PAY THE v. ) FILING FEE OR FILE A MOTION TO PROCEED ) IN FORMA PAUPERIS TURHAN COOK, et al., ) ) Defendant. ) )

Plaintiff initiated an action by filing a complaint on September 27, 2021. However, Plaintiff did not pay the filing fee or file a motion to proceed in forma pauperis. As a general rule, all parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of an action without the filing fee “by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefore.” 28 U.S.C. § 1915(a)(1). Therefore, an action may proceed despite a failure to prepay the filing fee only if leave to proceed in forma…