Smith v. Sgt. Hampton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 MICHAEL LENIOR SMITH, Case No.: 23-cv-1978-BAS-JLB

CDCR #P-64019,

ORDER DISMISSING CIVIL

Plaintiff, ACTION WITHOUT PREJUDICE vs. FOR FAILING TO PAY

FILING FEE REQUIRED

BY 28 U.S.C. § 1914(a) AND/OR SGT. HAMPTON, C/O FLORES, and

FAILING TO MOVE TO PROCEED

C/O COLON,

IN FORMA PAUPERIS

Defendants. PURSUANT TO 28 U.S.C. § 1915(a)

18 Plaintiff Michael Lenior Smith, who is proceeding pro se and is currently housed at 19 the Richard J. Donovan Correctional Facility (“RJD”) located in San Diego, California, 20 has filed a civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) He has not 21 prepaid the civil filing fee required by 28 U.S.C. § 1914(a), and although the Court has 22 received a trust account statement from RJD, Plaintiff has not filed a Motion to Proceed In 23 Forma Pauperis (“IFP”).

I. Failure to Pay Filing Fee or Request IFP Status

25 All parties instituting any civil…