Michael W. Kessler v. D. Peterson

CIVIL MINUTES – GENERAL

Case No.: EDCV 21-01771 ODW (RAO) Date: October 26, 2021 Title: Michael W. Kessler v. D. Peterson et al.

Present: The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE

Donnamarie Luengo N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s):

N/A N/A

Proceedings: (In Chambers) ORDER RE: FILING FEE AND ORDER TO SHOW

CAUSE

On October 18, 2021, Plaintiff Michael W. Kessler (“Plaintiff”), a pretrial detainee, filed a civil rights complaint. Dkt. No. 1. Plaintiff has not paid the filing fee or submitted a request to proceed in forma pauperis. Dkt. No. 2. The case cannot proceed until Plaintiff pays the filing fee or submits a request to proceed without prepayment of filing fees. Plaintiff shall either pay the filing fee or submit a request to proceed without prepayment of filing fees by November 26, 2021. It also appears that the case may be subject to dismissal pursuant to Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971). Under Younger, a federal court must abstain from…