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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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Description: Dismas Charities,Ana Gispert,Derek Thomas,LaShonda Adams,Traian Bujduveanu