Hector S. Mariscal v. Equifax Information Services LLC, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Andrew G. Schopler (author)
Analysis
The court considered a self-represented plaintiff's failure to pay the required civil filing fees or file a motion to proceed in forma pauperis. The court ordered the case dismissed without prejudice, providing the plaintiff a deadline to pay the fees or file an IFP motion to reopen the case.
| What the court decided | The model |
|---|---|
Case dismissed without prejudice“Because Mariscal has not paid any filing fees, nor received Court approval not to pay them, his case is DISMSSED without prejudice, and the Clerk must close this case.” | agree with court The dismissal is procedurally correct. Under 28 U.S.C. § 1914(a), a civil action is not properly commenced until the filing fee is paid or the court grants leave to proceed in forma pauperis. Since the plaintiff did neither, the court lacked jurisdiction to proceed on the merits and was required to dismiss the action. Dismissing without prejudice allows the plaintiff to cure the defect by paying the fee or obtaining IFP status. |
The order itself: sound — The order correctly identifies the statutory requirement for filing fees and the exception for IFP status. It applies the law accurately to the facts that the plaintiff neither paid nor sought IFP status. The remedy of dismissal without prejudice and the opportunity to cure are standard and appropriate.
Opinion
I UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 4 || Hector S. MARISCAL, Case No.: 25-cv-2989-AGS-MMP > Plaintitt, | ORDER DISMISSING CASE 6 vs. WITHOUT PREJUDICE 7 EQUIFAX INFORMATION SERVICES 8 LLC, et al., 9 Defendants. 10 Self-represented plaintiff Hector Mariscal has neither paid the required filing fees 12 || nor moved to proceed without prepaying them. His case must therefore be dismissed. 13 Parties instituting civil actions in United States district courts must pay $405 in filing 14 |l fees. See 28 U.S.C. § 1914(a); Judicial Conference Schedule of Fees, District Court Misc. ID || Fee Schedule, § 14 (eff. Dec. 1, 2023). But plaintiffs granted the right to proceed in forma 16 pauperis need not pay those fees. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 17 Because Mariscal has not paid any filing fees, nor received Court approval not to 18 pay them, his case is DISMSSED without prejudice, and the Clerk must close this case. If 19 | Mariscal wishes to proceed, by December 19, 2025, he must either: (a) pay the entire $405 20 full; or (b) complete and file a motion to proceed IFP. The Clerk must send, along with 21 I this order, a copy of the approved form IFP motion. 22 If Mariscal pays the fees or files a motion to proceed IFP by the deadline, the Clerk 23 |) will reopen the case. If he has done neither by the deadline, the Clerk will issue a judgment. 24 |! Dated: November 12, 2025 26 Hon. rew G. Schopler 57 United States District Judge 28 | a