Hawkins v. San Diego Police Department

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHRIS HAWKINS, Case No.: 3:25-cv-02115-JES-DDL 12 Plaintiff, ORDER DISMISSING CIVIL 13 vs. ACTION FOR FAILURE TO PAY FILING FEES REQUIRED BY 14 SAN DIEGO POLICE DEPARTMETN, 28 U.S.C. § 1914(a) WYATT LEE BASSON, GREGORY 15 COLEMAN, SCOTTY ODOM, CORY 16 M. BROWN, DISTRICT ATTORNEY OF SAN DIEGO, GEORGE BAILEY 17 DETENTION FACILITY, SAN DIEGO 18 COUNTY, STARBUCKS, LARIUS GILDRADO, SAN DIEGO COUNTY 19 PROBATION, 20 Defendants. 21 22 While he was detained at the San Diego Central Jail, Plaintiff Chris Hawkins 23 (“Plaintiff”) filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. See ECF 24 No. 1. He has failed, however, to pay the filing fee or submit an application to proceed In 25 Forma Pauperis (“IFP”). 26 I. Failure to Pay Filing Fee or Request IFP Status 27 All parties instituting any civil action, suit or proceeding in a district court of the 28 United States, except an application for writ of habeas corpus, must pay a filing fee of 1 $405. See 28 U.S.C. § 1914(a). The action may proceed despite a plaintiff’s failure to 2 prepay the entire fee only if he is granted leave to proceed in forma pauperis (“IFP”) 3 pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 4 2007) (“Cervantes”); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, 5 a prisoner who is granted leave to proceed IFP remains obligated to pay the entire fee in 6 “increments” or “installments,” Bruce v. Samuels, 577 U.S. 82, 83–84 (2016); Williams v. 7 Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), and regardless of whether his action is 8 ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 9 847 (9th Cir. 2002). 10 Section 1915(a)(2) requires all persons seeking to proceed without full prepayment 11 of fees to submit an affidavit that includes a statement of all assets possessed and which 12 demonstrates an inability to pay. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 13 2015). In support of this affidavit, prisoners like Plaintiff must also submit a “certified copy 14 of the trust fund account statement (or institutional equivalent) for . . . the 6-month period 15 immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2); Andrews v. 16 King, 398 F.3d 1113, 1119 (9th Cir. 2005). It is from the certified trust account statement 17 that the Court assesses an initial payment of 20% of (a) the average monthly deposits in 18 the account for the past six months, or (b) the average monthly balance in the account for 19 the past six months, whichever is greater, unless he has no assets. See 28 U.S.C. 20 § 1915(b)(1); 28 U.S.C. § 1915(b)(4). The institution having custody of the prisoner then 21 collects subsequent payments, assessed at 20% of the preceding month’s income, in any 22 month in which his account exceeds $10, and forwards those payments to the Court until 23 the entire filing fee is paid. See 28 U.S.C. § 1915(b)(2); Bruce, 577 U.S. at 84. 24 Here, Plaintiff has not paid pay the filing fee required to commence a civil action, 25 nor has he filed a Motion to Proceed IFP. Plaintiff has not submitted a copy of his trust 26 account statement either. Therefore, Plaintiff’s case cannot yet proceed. See 28 U.S.C. 27 § 1914(a); Cervantes, 493 F.3d at 1051. 28 /// 1 II. Conclusion and Order 2 For the reason explained above, the Court: 3 (1) DISMISSES this action sua sponte without prejudice for failing to pay the 4 civil filing and administrative fee or to submit a motion to proceed IFP pursuant to 5 U.S.C. §§ 1914(a) and 1915(a); and 6 (2) GRANTS Plaintiff forty-five (45) days leave from the date of this Order to 7 ||re-open this case by: (a) prepaying the entire $405 civil filing and administrative fee 8 ||required by 28 U.S.C. § 1914(a) in full; or (b) completing and filing a Motion to Proceed 9 || IFP which includes both the affidavit and the certified copies of his trust account statement 10 the 6-month period preceding the filing of his Complaint required by 28 U.S.C. 11 |} § 1915(a)(1), (2) and S.D. Cal. CivLR 3.2(b).! 12 (3) DIRECTS the Clerk of Court to provide Plaintiff with a Court- approved form 13 “Motion and Declaration in Support of Motion to Proceed In Forma Pauperis.” 14 IT IS SO ORDERED. 15 Dated: October 6, 2025 4 ' f 16 Je JA. 17 Honorable James E. Sunmons Jr. 18 United States District Judge 19 20 21 22 23 24 25 ||' If Plaintiff fails to either prepay the $405 civil filing fee or file a properly supported Motion and Declaration in Support of his Motion to Proceed IFP, together with the trust account statements required by 28 U.S.C. § 1915(a)(2) within 45 days, this case will remain 27 ||dismissed without prejudice based only on Plaintiff's failure to satisfy 28 U.S.C. 28 § 1914(a)’s fee requirements, and will not be counted as a “strike” against him pursuant to 28 U.S.C. § 1915(g).