1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Matt Stika, Case No.: 19-cv-00677-GPC-LL

12 Plaintiff,

ORDER DISMISSING ACTION

13 v. WITHOUT PREJUDICE FOR

FAILURE TO PAY FILING FEE.

14 Kevin McCauley, in his official capacity as a Sheriff Deputy and his individual 15 capacity, 16 Defendant. 17 18 This Order arises from Plaintiff’s failure to pay the filing fee for his Complaint. 19 (ECF No. 1.) All parties instituting any civil action, suit, or proceeding in a district court 20 of the United States, except an application for writ of habeas corpus, must pay a filing fee 21 of $400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to 22 prepay the entire fee only if the plaintiff is granted leave to proceed IFP under 28 U.S.C. 23 § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). All actions 24 sought to be filed IFP under § 1915 must be accompanied by an affidavit, signed by the 25 applicant under penalty of perjury, that includes a statement of all assets which shows 26 inability to pay initial fees or give security. Civil Local Rule 3.2.a. 27 / / / 1 Here, Plaintiff filed a complaint on April 11, 2019. (ECF No. 1.) The matter was 2 || transferred to this Court on April 17, 2020. (ECF No. 2.) More than one year has elapsed 3 || since the filing of the complaint, and Plaintiff has yet to pay the filing fee. Consequently, 4 ||the Court dismisses this Action without prejudice for failure to pay the mandatory fee. 5 IT IS SO ORDERED. 2 apho Ck ) 6 Dated: April 30, 2020 Hon. Gonzalo P. Curiel 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28