(PC) Jones v. Richard J. Donovan Correctional Facility Program Office

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 WAYNE E. JONES, Case No.: 3:24-cv-1129-AJB-LR CDCR #BU-7712, 12 ORDER DISMISSING CIVIL Plaintiff, 13 ACTION WITHOUT PREJUDICE vs. FOR FAILING TO PAY 14 FILING FEE REQUIRED 15 BY 28 U.S.C. § 1914(a) AND/OR R.J. DONOVAN CORRECTIONAL FAILING TO MOVE TO PROCEED 16 FACILITY PROGRAM OFFICE, et al., IN FORMA PAUPERIS 17 Defendants. PURSUANT TO 28 U.S.C. § 1915(a) 18 19 20 Plaintiff Wayne E. Jones (“Plaintiff”) is a state prisoner proceeding pro se in this 21 civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 1. 22 I. Failure to Pay Filing Fee or Request In Forma Pauperis (“IFP”) Status 23 All parties instituting any civil action, suit or proceeding in a district court of the 24 United States, except an application for writ of habeas corpus, must pay a filing fee of 25 $405, consisting of a $350 statutory fee plus an additional administrative fee of $55, 26 although the $55 administrative fee does not apply to persons granted leave to proceed IFP. 27 See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee 28 Schedule, § 14 (eff. Dec. 1, 2023)). An action may proceed despite a plaintiff’s failure to 1 prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. 2 § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. 3 Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if Plaintiff is a prisoner, and even if 4 he is granted leave to commence his suit IFP, he remains obligated to pay the entire filing 5 fee in “increments,” see Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), 6 regardless of whether his case is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2); 7 Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). 8 Plaintiff has not prepaid the $405 in filing and administrative fees required to 9 commence this civil action, nor has he submitted a Motion to Proceed IFP pursuant to 28 10 U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28 U.S.C. § 1914(a); 11 Andrews, 493 F.3d at 1051. 12 II. Conclusion and Order 13 Accordingly, the Court: 14 (1) DISMISSES this civil action sua sponte without prejudice based on 15 Plaintiff’s failure to pay the $405 civil filing and administrative fee or to submit a Motion 16 to Proceed IFP pursuant to 28 U.S.C. § 1914(a) and § 1915(a); and 17 (2) GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed 18 to: (a) prepay the entire $405 civil filing and administrative fee in full; or (b) complete and 19 file a Motion to Proceed IFP which includes a certified copy of his trust account statement 20 for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); 21 S.D. Cal. Civ. L.R. 3.2(b). 22 The Clerk of the Court is DIRECTED to provide Plaintiff with this Court’s 23 approved form “Motion and Declaration in Support of Motion to Proceed In Forma 24 Pauperis.” If Plaintiff fails to either prepay the $405 civil filing fee or complete and submit 25 / / / 26 / / / 27 / / / 28 / / / 1 ||the enclosed Motion to Proceed IFP within 45 days, this action will be dismissed without 2 || prejudice based on his failure to satisfy 28 U.S.C. § 1914(a)’s fee requirements.! 3 IT IS SO ORDERED. 4 || Dated: July 12, 2024 © ¢ 5 Hon, Anthony J.Battaglia 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Plaintiff is cautioned that if he chooses to proceed further by either prepaying the full 99 $405 civil filing fee, or submitting a properly supported Motion to Proceed IFP, his Complaint will be screened before service and may be dismissed sua sponte pursuant to 28 23 U.S.C. § 1915A(b) and/or 28 U.S.C. § 1915(e)(2)(B), regardless of whether he pays the full $405 filing fee at once, or is granted IFP status and is obligated to pay the full filing fee in installments. See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) 25 ||(noting that 28 U.S.C. § 1915(e) “not only permits but requires” the court to sua sponte dismiss an in forma pauperis complaint that is frivolous, malicious, fails to state a claim, 6 or seeks damages from defendants who are immune); see also Rhodes v. Robinson, 621 27 || F.3d 1002, 1004 (9th Cir. 2010) (discussing similar screening required by 28 U.S.C. 28 § 1915A of all complaints filed by prisoners “seeking redress from a governmental entity or officer or employee of a governmental entity.’’)