Gordon v. Quinlan et al, No. 3:2016cv00867 - Document 5 (D. Or. 2016)
Court Description: OPINION AND ORDER - This action is dismissed in its entirety without prejudice. Signed on 6/16/2016 by Judge Michael Mosman and Magistrate Judge Paul Papak. (Copy of this Opinion and Order mailed to Brenda K. Gordon, 11575 SW Pacific Hwy #240, Tigard, OR 97223 on 6/21/2016.) (pg) Modified on 6/21/2016 (pg).
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Gordon v. Quinlan et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON BRENDA K. GORDON, Plaintiff, 3:16-CV-867-PK OPNIONAND ORDER v. RAYMOND J. QUINLAN, SLM CORPORATION, NICHOLAS C. WILSON, COLLECTCORP, INC., and FEDERAL STUDENT AID, Defendants. MOSMAN, District Judge; PAPAK, Magistrate Judge: Plaintiff prose Brenda K. Gordon filed this action on May 18, 2016, without submitting any filing fee and without filing an application to proceed infonna pauperis. On May 20, 2016, the court issued an order directing Gordon either to submit a filing fee in the amount of $400 or an application to proceed in Jonna pauperis within 30 days, and advising Gordon that her failure to do so would result in summary dismissal of her action. The clerk of court mailed Gordon a fo1m Application to Proceed In Forma Pauperis on that same date. The 30-day period for Page 1 - OPINION AND ORDER Dockets.Justia.com submitting a filing fee or an application to proceed in Jonna pauperis has now passed, and Gordon has neither submitted a filing fee nor applied for in Jorma pauper is status. Any party instituting any civil action in and United States District Court (other than an application for writ of habeas corpus) must pay a filing fee in the amount of $400. See 28 U.S.C. § 1914(a). An action may proceed despite an instituting party's failure to pay such filing fee only ifthat party is granted leave to proceed inJorma pauperis pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Accordingly, this action may not proceed. Moreover, Gordon was ordered to pay the filing fee or to apply for in Jonna pauperis within 30 days on express pain of dismissal, and has failed to comply with the court's order. This action is therefore dismissed without prejudice. CONCLUSION For the reasons set forth above, this action is dismissed in its entirety without prejudice. Dated this 16th day of June, 2016. l? \Honorable Pau Papa United States Magistrate Judge Page 2 - OPINION AND ORDER
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