Archie Tyrell Armstrong v. Cindy Lopez, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court reviewed a pro se prisoner's civil complaint and request to proceed in forma pauperis (IFP) where the plaintiff had not prepaid the required filing fees. The court ordered the plaintiff to either pay the full $402 fee or file a compliant IFP motion within 45 days, otherwise the case cannot proceed.
| What the court decided | The model |
|---|---|
Order to pay filing fee or file compliant IFP motion“Accordingly, Plaintiff must either (1) prepay the entire $402 civil filing and administrative fee in full; or, (2) complete and file a properly supported Motion to Proceed IFP by January 26, 2026—forty-five (45) days from the date of this Order.” | agree with court The court correctly applied 28 U.S.C. § 1914(a) and § 1915(a). The plaintiff failed to prepay the fee and his prior IFP request was denied. The court properly set a deadline for compliance and directed the Clerk to provide the necessary forms. This is a standard procedural order for pro se litigants who have not yet established IFP status. |
The order itself: sound — The order is procedurally sound. It correctly identifies the statutory requirements for filing fees and IFP status. It accurately cites Ninth Circuit precedent regarding the distinction between statutory and administrative fees and the obligation of prisoners to pay in increments. The deadline set (45 days) is reasonable and consistent with local rules (CivLR 3.2(b)). The caution regarding screening is appropriate and supported by cited authority.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ARCHIE TYRELL ARMSTRONG, Case No. 25-cv-02207-BAS-BJW 12 Plaintiff, ORDER TO PAY FILING FEE OR 13 v. FILE APPLICATION TO PROCEED IN FORMA PAUPERIS 14 CINDY LOPEZ, et. al, 15 Defendants. 16 17 Plaintiff Archie Tyrell Armstrong, an inmate at the Centinela State Prison 18 proceeding pro se, has filed a civil complaint against Defendants (ECF No. 1) together with 19 a request to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) (ECF No. 20 2). 21 All parties instituting any civil action, suit, or proceeding in a district court of the 22 United States, except an application for writ of habeas corpus, must pay a filing fee of 23 $402. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure to 24 prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. § 25 26 1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $52. See 27 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2014)). The additional $52 administrative fee does not apply to persons granted leave to proceed 28 1 |} 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. 2 || Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if the plaintiff is a prisoner, as 3 || Plaintiff is here, even if he is granted leave to commence his suit IFP, he will remain 4 || obligated to pay the entire filing fee in “increments,” see Williams v. Paramo, 775 F.3d 5 |} 1182, 1185 (9th Cir. 2015), regardless of whether his case is ultimately dismissed. See 28 6 || U.S.C. § 1915(b)(1), (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). 7 On November 12, 2025 the Court denied Plaintiff's initial request to proceed IFP. 8 ||(ECF No. 7.) Plaintiff has not since prepaid the $402 in filing and administrative fees 9 ||required to commence this civil action or filed a Motion to Proceed IFP which complies 10 || with 28 U.S.C. § 1915(a)(1) and (2). Therefore, his case cannot yet proceed. See 28 U.S.C. 11 1914(a); Andrews, 493 F.3d at 1051. 12 Accordingly, Plaintiff must either (1) prepay the entire $402 civil filing and 13 |}administrative fee in full; or, (2) complete and file a properly supported Motion to Proceed 14 || IFP by January 26, 2026—forty-five (45) days from the date of this Order. See 28 U.S.C. 15 1915(a)(2); CivLR 3.2(b). The Clerk of Court is also DIRECTED to provide Plaintiff 16 || with this Court’s approved form “Motion and Declaration in Support of Motion to Proceed 17 || In Forma Pauperis.”” 18 IT IS SO ORDERED. 19 20 |} DATED: December 12, 2025 Hon. Cynthia Bashant, Chief Judge United States District Court 22 23 □□ 14 ? Plaintiff is cautioned that if he chooses to proceed further by either prepaying the full $402 civil filing fee or submitting a properly supported Motion to Proceed IFP, his Complaint will be screened before 95 || Service and may be dismissed sua sponte pursuant to 28 U.S.C. § 1915A(b) and 28 U.S.C. § 1915(e)(2)(B). See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (noting that 28 U.S.C. § 1915(e) “not only 26 permits but requires” the court to sua sponte dismiss an in forma pauperis complaint that is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are immune); see also Rhodes v. 27 Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010) (discussing similar screening required by 28 U.S.C. § 28 1915A of all complaints filed by prisoners “seek[ing] redress from a governmental entity or officer or employee of a governmental entity’).