Johannes v. Berryhill

District Court, S.D. California · 3:19-cv-01868 · 2019-10-22 · Unknown

Proceeding: district
Area: civil
Panel: Larry Alan Burns (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-14T00:04Z · confidence high

The court reviewed a social security appeal filed without a filing fee, an IFP motion, a proper signature, or a demonstration of proper venue. The court dismissed the action without prejudice, granting the plaintiff 21 days to cure the defects by paying the fee or moving for IFP status, signing the complaint, and establishing venue.

What the court decided	The model
Dismissal of the action without prejudice “This action is DISMISSED WITHOUT PREJUDICE for failing to either pay the filing fee or move to proceed IFP.”	agree with court The dismissal is procedurally sound. Under 28 U.S.C. § 1914(a), a civil action cannot proceed without the payment of the filing fee or a grant of IFP status. The court correctly identified that the plaintiff failed to satisfy this prerequisite. Dismissing without prejudice is the appropriate remedy to allow the plaintiff to cure the defect, rather than dismissing with prejudice which would bar refiling.
Order to cure defects (fee/IFP, signature, venue) within 21 days “Within 21 calendar days of the date this order is issued, Plaintiff must either prepay the entire $400 civil filing fee, or complete and file a motion to proceed IFP. Within the same time limit, she must file a copy of her complaint that includes her signature, and that shows why venue is proper in this District.”	agree with court The court correctly identified the Rule 11(a) signature requirement and the venue issues under 42 U.S.C. § 405(g). Providing a specific timeframe to cure these curable defects is consistent with judicial practice for pro se litigants and ensures the case is not dismissed on technicalities if the plaintiff can promptly fix them.

What the court decided

The model

Dismissal of the action without prejudice

“This action is DISMISSED WITHOUT PREJUDICE for failing to either pay the filing fee or move to proceed IFP.”

agree with court
The dismissal is procedurally sound. Under 28 U.S.C. § 1914(a), a civil action cannot proceed without the payment of the filing fee or a grant of IFP status. The court correctly identified that the plaintiff failed to satisfy this prerequisite. Dismissing without prejudice is the appropriate remedy to allow the plaintiff to cure the defect, rather than dismissing with prejudice which would bar refiling.

Order to cure defects (fee/IFP, signature, venue) within 21 days

“Within 21 calendar days of the date this order is issued, Plaintiff must either prepay the entire $400 civil filing fee, or complete and file a motion to proceed IFP. Within the same time limit, she must file a copy of her complaint that includes her signature, and that shows why venue is proper in this District.”

agree with court
The court correctly identified the Rule 11(a) signature requirement and the venue issues under 42 U.S.C. § 405(g). Providing a specific timeframe to cure these curable defects is consistent with judicial practice for pro se litigants and ensures the case is not dismissed on technicalities if the plaintiff can promptly fix them.

The order itself: sound — The order correctly applies the statutory requirements for filing fees and the procedural rules for signatures and venue. It cites the correct authorities for each defect identified. The remedy of dismissal without prejudice with a cure period is appropriate and legally sound.

How this analysis was made · dispute it

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JENNIFER JOHANNES Case No.: 19cv1868-LAB (AHG)

12 Plaintiff, ORDER OF DISMISSAL 13 v. 14 NANCY BERRYHILL 15 Defendant. 16 17 All parties instituting any civil action, suit or proceeding in a district court of 18 the United States, other than a writ of habeas corpus, must pay a filing fee of 19 $400. See 28 U.S.C. § 1914(a). An action may proceed despite a party’s failure to 20 pay only if granted leave to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 21 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 22 Plaintiff Jennifer Johannes filed this social security appeal without paying 23 the filing fee or moving to proceed IFP. She also failed to sign the complaint as 24 required by Fed. R. Civ. P. 11(a); instead of signing the form she used to create 25 her complaint, she typed her name. For a complaint filed in paper form, this does 26 not suffice. 27 Plaintiff says she resides in Palmdale, California, in Los Angeles County. Los 28 Angeles County is in the Central District of California, not the Southern District. It 1 |/is unclear where she has her principal place of business. See 42 U.S.C. § 405(g) 2 || (giving venue provisions for social security appeals). The Court can, and does, 3 ||raise the issue of defective venue without waiting for Defendant to do so. See 4 || Costlow v. Weeks, 790 F.2d 1486, 1488 (9"" Cir. 1986). 5 This action is DISMISSED WITHOUT PREJUDICE for failing to either pay 6 || the filing fee or move to proceed IFP. Within 21 calendar days of the date this 7 |;order_ is issued, Plaintiff must either prepay the entire $400 civil filing fee, or 8 ||complete and file a motion to proceed IFP. Within the same time limit, she must 9 file a copy of her complaint that includes her signature, and that shows why 10 || venue is proper in this District. If she fails to do so within the time permitted, this 11 action will remain dismissed without prejudice. 12 13 IT IS SO ORDERED. 14 ||Dated: October 22, 2019 is law Alum 16 Honorable Larry Alan Burns 47 Chief United States District Judge 18 19 20 21 22 23 24 25 26 27 28