Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOSE ARTEAGA, Case No.: 3:25-cv-3498-AJB-AHG CDCR #V-29993, 12 ORDER: (1) DENYING MOTION Plaintiff, 13 TO PROCEED IN FORMA vs. PAUPERIS (Doc. No. 5) AND 14 15 (2) DISMISSING CIVIL ACTION M. PALMER, R. BUCKEL, WITHOUT PREJUDICE FOR 16 Defendants. FAILURE TO PAY FILING FEES 17 REQUIRED BY 28 U.S.C. § 1914(a) 18 19 20 On December 8, 2025, Jose Arteaga (“Plaintiff”), a prisoner proceeding pro se, filed 21 a civil rights action pursuant to 42 U.S.C. § 1983, along with a Motion to Proceed In Forma 22 Pauperis (“IFP”). (Doc. Nos. 1; 2.) On January 6, 2026, the Court denied Plaintiff’s IFP 23 motion dismissed the action without prejudice because Plaintiff failed to include a copy of 24 his prison certificate or trust account statement with his IFP motion, as required under 28 25 U.S.C. § 1915(a)(2). (Doc. No. 3.) The Court also notified Plaintiff that to have his case 26 reopened, he must either pay the filing fee or submit a properly supported IFP motion by 27 February 20, 2026. (Id. at 3.) 28 On January 20, 2026, Plaintiff filed a “Request for Fee Waiver” which this Court 1 construes as a Motion to Proceed IFP. (Doc. No. 5.) For the reasons discussed below, the 2 Court denies Plaintiff’s IFP motion and again dismisses the action without prejudice. 3 I. IFP MOTION 4 As discussed in this Court’s previous Order, all parties instituting any civil action, 5 suit or proceeding in a district court of the United States, except an application for writ of 6 habeas corpus, must pay a filing fee of $405.1 See 28 U.S.C. § 1914(a). The action may 7 proceed despite a failure to pay the entire fee at the time of filing only if the court grants 8 the Plaintiff leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. 9 Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); cf. Hymas v. U.S. Dep’t of the Interior, 73 10 F.4th 763, 765 (9th Cir. 2023) (“[W]here [an] IFP application is denied altogether, 11 Plaintiff’s case [cannot] proceed unless and until the fee[s] [a]re paid.”). 12 To proceed IFP, prisoners must “submit[] an affidavit that includes a statement of 13 all assets [they] possess[,]” as well as “a “certified copy of the[ir] trust fund account 14 statement (or institutional equivalent) for . . . the 6-month period immediately preceding 15 the filing of the complaint.” 28 U.S.C. § 1915(a)(1), (2); Andrews v. King, 398 F.3d 1113, 16 1119 (9th Cir. 2005). Using this financial information, the court “assess[es] and when funds 17 exist, collect[s], . . . an initial partial filing fee,” which is “calculated based on ‘the average 18 monthly deposits to the prisoner’s account’ or ‘the average monthly balance in the 19 prisoner’s account’ over a 6-month term; the remainder of the fee is to be paid in ‘monthly 20 payments of 20 percent of the preceding month’s income credited to the prisoner’s 21 account.” Hymas, 73 F.4th at 767 (quoting 28 U.S.C. § 1915(b)(1)–(2)). In short, while 22 prisoners may qualify to proceed IFP without having to pay the full statutory filing upfront, 23 they remain obligated to pay the full amount due in monthly payments. See Bruce v. 24 25 26 1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $55. See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, 27 § 14 (eff. Dec. 1, 2023). The additional $55 administrative fee does not apply to persons granted leave to proceed IFP. Id. 28 1 || Samuels, 577 U.S. 82, 84 (2016); 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 2 844, 847 (9th Cir. 2002). 3 Here, Plaintiff's IFP Motion is again incomplete because he has not included a 4 || certified copy of his trust account statement for the 6-month period immediately preceding 5 || the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2. As discussed 6 this Court’s previous Order, without a certified trust account statement, the Court 1s 7 |}unable to assess whether any initial partial filing fee may be required to initiate the 8 || prosecution of Plaintiff's case. See 28 U.S.C. § 1915(b)(1). 9 II. CONCLUSION AND ORDER 10 Accordingly, the Court: 11 (1) DENIES Plaintiff's Motion to Proceed IFP (Doc. No. 5) and DISMISSES 12 action without prejudice. See 28 U.S.C. §§ 1915(a) & 1914(a). 13 (2) GRANTS Plaintiff forty-five (45) days from the date this Order to re-open 14 ||his case by either: (a) prepaying the entire $405 civil filing and administrative fee; or (b) 15 || filing a renewed Motion to Proceed IFP, which includes a prison certificate, signed by a 16 || trust accounting official attesting as to his trust account balances and deposits and/or a 17 || certified copy of his Inmate Statement Report for the 6-month period preceding the filing 18 || of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. Cal. CivLR 3.2(b). 19 If Plaintiff chooses not to comply with this Order by either paying the $405 civil 20 || filing fee and administrative fee in full by or submitting a properly supported IFP Motion 21 || within forty-five (45) days, this case will remain dismissed without prejudice and without 22 further order of the Court based on Plaintiff's failure to comply with 28 U.S.C. § 1914(a). 23 (3) DIRECTS the Clerk to provide Plaintiff with a Court-approved form “Motion 24 || and Declaration in Support of Motion to Proceed Jn Forma Pauperis.” 25 IT IS SO ORDERED. 26 || Dated: March 13, 2026 © 27 Hon, Anthony J.Battaglia 28 United States District Judge