Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANDREW LOVE, Case No.: 26cv3053-DMS (DEB) INMATE #26110848, 12 ORDER DENYING MOTION TO Plaintiff, 13 PROCEED IN FORMA PAUPERIS vs. WITHOUT PREJUDICE 14 15 NAVY FEDERAL BANK, 16 Defendant. 17 18 19 20 21 Andrew Love (“Plaintiff”), an inmate at the San Diego Central Jail, is proceeding 22 pro se with a civil rights Complaint filed pursuant to 42 U.S.C. § 1983, accompanied by a 23 motion to proceed in forma pauperis (“IFP”). (ECF Nos. 1-2.) 24 I. Motion to Proceed IFP 25 All parties instituting any civil action, suit or proceeding in a district court of the 26 United States, except an application for writ of habeas corpus, must pay a filing fee of 27 $405, consisting of a $350 statutory fee plus an additional administrative fee of $55, 28 although the administrative fee does not apply to persons granted leave to proceed IFP. 1 See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee 2 Schedule, § 14 (eff. Dec. 1, 2023)). The action may proceed despite a plaintiff’s failure to 3 prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. 4 § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). Section 5 1915(a)(2) requires prisoners seeking leave to proceed IFP to submit a “certified copy of 6 the trust fund account statement (or institutional equivalent) for . . . the 6-month period 7 immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2); Andrews v. 8 King, 398 F.3d 1113, 1119 (9th Cir. 2005). From the certified trust account statement, the 9 Court assesses an initial payment of 20% of (a) the average monthly deposits in the account 10 for the past six months, or (b) the average monthly balance in the account for the past six 11 months, whichever is greater, unless the prisoner has insufficient assets. See 28 U.S.C. 12 § 1915(b)(1)&(4); Bruce v. Samuels, 577 U.S. 82, 84 (2016). Prisoners who proceed IFP 13 must pay any remaining balance in “increments” or “installments,” regardless of whether 14 their action is ultimately dismissed. 28 U.S.C. § 1915(b)(1)&(2); Bruce, 577 U.S. at 84. 15 Plaintiff’s IFP application includes a trust fund account statement which is not 16 signed or certified. (See ECF No. 2 at 4.) The Court cannot grant his IFP application 17 without a certified trust fund account statement containing financial information for the 6- 18 month period immediately preceding the filing of his Complaint. See Andrews, 398 F.3d 19 at 1119 (“prisoners must demonstrate that they are not able to pay the filing fee with an 20 affidavit and submission of their prison trust account records.”), citing 28 U.S.C. 21 § 1915(a)(1)&(2). 22 The motion to proceed IFP is DENIED and this action is DISMISSED without 23 prejudice based on Plaintiff’s failure to pay the filing fee or to submit a properly supported 24 motion to proceed IFP pursuant to 28 U.S.C. §§ 1914(a) & 1915(a). 25 II. Conclusion and Order 26 Accordingly, the Court: 27 (1) DENIES Plaintiff’s motion to proceed IFP without prejudice. 28 / / / l (2) DISMISSES this civil action without prejudice based on Plaintiff's failure to 2 the civil filing and administrative fee or to submit a properly supported motion to 3 || proceed IFP pursuant to 28 U.S.C. §§ 1914(a) & 1915(a). 4 (3) GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed 5 || to: (a) prepay the entire $405 civil filing and administrative fee in full; or (b) complete and 6 || file a properly supported motion to proceed IFP which includes a certified copy of his 7 || prison trust account statement for the 6-month period preceding the filing of his Complaint. 8 || See 28 U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2(b). If Plaintiff fails to either pay the $405 9 || civil filing fee or submit a properly supported motion to proceed IFP within 45 days, this 10 action will remain dismissed without prejudice based solely on his failure to satisfy 28 11 U.S.C. § 1914(a)’s fee requirement and without further Order of the Court. 12 IT IS SO ORDERED. 13 || Dated: June 15, 2026 » Yim wm. 14 Hon. Dana M. Sabraw 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3