Valles v. Attorney General of the United States et al, No. 2:2022cv00595 - Document 21 (D. Utah 2024)
Court Description: MEMORANDUM DECISION AND DISMISSAL ORDER granting 13 Motion for Decision re 12 Objection. The Court denies the objection and, based on Plaintiff's failure to pay the full filing fee, this action is dismissed without prejudice. Signed by Judge Jill N. Parrish on 1/17/24 (alt)
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Valles v. Attorney General of the United States et al Doc. 21 THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH ANDREW VALLES, Plaintiff, MEMORANDUM DECISION & DISMISSAL ORDER v. UNITED STATES ATT'Y GEN. et al., Defendants. Case No. 2:22-cv-00595-JNP District Judge Jill N. Parrish Plaintiff, Andrew Valles, a California inmate, filed a pro se civil-rights complaint. See 42 U.S.C.S. § 1983 (2023). Because Plaintiff had, three or more prior times while incarcerated, filed an action dismissed as "frivolous or malicious or fail[ing] to state a claim upon which relief may be granted," 28 U.S.C.S. § 1915(g), the Court concluded that Plaintiff could not proceed in forma pauperis but must pay his entire $350 filing fee up front. (ECF No. 11 (Dec. 19, 2022).) The Court warned that Plaintiff’s action would be dismissed unless he paid the full filing fee within thirty days. Plaintiff did not pay the filing fee but instead filed an objection to the Court's Order. (ECF Nos. 11, 12.) IT IS ORDERED as follows: (1) Plaintiff's motion for a decision on his objection is GRANTED. (ECF No. 13.) The Court denies the objection because there is no procedural mechanism in the rules of civil procedure or local rules upon which to bring the objection. Dockets.Justia.com (2) Based on Plaintiff's failure to pay the full filing fee, this action is DISMISSED without prejudice. DATED: January 17, 2024. BY THE COURT: ______________________________ JILL N. PARRISH United States District Judge 2
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