Henderson v. Bakersfield Police Department

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 OCTAVIO JAMAL HENDERSON, ) Case No.: 1:21-cv-01771-DAD-JLT ) Plaintiff, ) ORDER DIRECTING PLAINTIFF TO PAY THE v. ) FILING FEE OR FILE A MOTION TO PROCEED ) IN FORMA PAUPERIS BAKERSFIELD POLICE DEPARTMENT, ) ) Defendant. ) ) 16 Plaintiff initiated an action by filing a complaint on December 15, 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 or proceeding in a United States District Court must pay a filing fee. 28 U.S.C. § 1915(a). 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 pauperis is granted by…