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Case 1:11-cv-20120-PAS Document 24

Entered on FLSD Docket 05/02/2011 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 11-20120-CIV-SEITZ/SIMONTON TRAIAN BUJDUVEANU, Plaintiff, v. ANA GINSPERT, et al., Defendants. / ORDER REQUIRING FILING FEE This matter is before the Court sua sponte. The Honorable Patricia A. Seitz, United States District Judge, has referred this case to the undersigned Magistrate Judge with respect to all pretrial matters (DE # 10). The undersigned notes that the $350 filing fee required by the Clerk of Court for filing civil cases in this Court was initially waived in this case (DE # 1). This case was opened with Plaintiff’s filing of a Motion for the Return of Property in reference to an underlying criminal matter, and the Clerk of Court waived the filing fee. Plaintiff, however, has since filed in this case a Complaint for Damages, which alleges several allegations beyond the scope of Plaintiff’s Motion for the Return of Property, including violations of constitutional rights, and seeks declaratory judgment and damages (DE # 14 at 9). The undersigned finds that, based on Plaintiff’s filing of the Complaint for Damages, a waiver of the $350 filing fee is no longer appropriate in this case, since the case is no longer limited to the relief sought in Plaintiff’s Motion for the Return of Property. Therefore, it is ORDERED AND ADJUDGED that Plaintiff shall pay to the Clerk of Court the $350 filing fee applicable to civil cases filed in this Court within 14 days of the date of this Order. Alternatively, if Plaintiff cannot afford the filing fee, Plaintiff shall file within 14


Case 1:11-cv-20120-PAS Document 24

Entered on FLSD Docket 05/02/2011 Page 2 of 2

days of the date of this Order a Motion to Proceed In Forma Pauperis, which seeks relief from the filing fee. If Plaintiff fails to pay the required filing fee and does not file the appropriate Motion within this time period, this case shall be dismissed without prejudice. DONE AND ORDERED in Miami, Florida, on May 2, 2011.

__________________________________ ANDREA M. SIMONTON UNITED STATES MAGISTRATE JUDGE Copies furnished via CM/ECF to: The Honorable Patricia A. Seitz, U.S. District Judge Counsel of Record

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