(PC) Daniels v. Moreno
- Proceeding
- district
- Area
- civil
- Panel
- Jinsook Ohta (author)
Analysis
Plaintiff Charles A. Daniels, a state prisoner, filed a civil rights complaint but failed to pay the required filing fee or file a motion to proceed in forma pauperis. The court dismissed the action without prejudice and granted the plaintiff 45 days to pay the fee or file the motion.
| What the court decided | The model |
|---|---|
Dismissal of civil action without prejudice“DISMISSES this civil action sua sponte without prejudice based on Plaintiff's failure either to pay the $402 civil filing fee or file a Motion to Proceed IFP pursuant to 28 U.S.C. § 1914(a) and § 1915(a)” | agree with court The dismissal is procedurally correct because 28 U.S.C. § 1914(a) requires the payment of a filing fee to institute a civil action, and 28 U.S.C. § 1915(a) provides the only exception for indigent parties. Since the plaintiff did not pay the fee or request IFP status, the court lacked jurisdiction to proceed on the merits. Dismissing without prejudice allows the plaintiff to cure the defect. |
Grant of 45 days to pay fee or file IFP motion“GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed to: (a) prepay the entire $402 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP” | agree with court Granting a reasonable period to cure a procedural deficiency before final dismissal is consistent with judicial practice and ensures due process for pro se litigants. The specific requirement for a certified trust account statement aligns with 28 U.S.C. § 1915(a)(2). |
The order itself: sound — The order correctly identifies the statutory requirements for filing fees and IFP status. It cites the appropriate statutes and Ninth Circuit precedent to support the dismissal for failure to comply with these prerequisites. The reasoning is direct and legally sound for a procedural dismissal.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 |} CHARLES A. DANIELS, Case No.: 22cv1263-JO (KSC) CDCR #AA-4443, Plaintiff | ORDER DISMISSING CIVIL 13 "| ACTION WITHOUT PREJUDICE 14 VS. FOR FAILING TO PAY FILING FEE REQUIRED 15 |} a. MORENO, et al., BY 28 U.S.C. § 1914(a) AND/OR 16 FAILING TO MOVE TO PROCEED Defendants.| JN FORMA PAUPERIS 17 PURSUANT TO 18 28 U.S.C. § 1915(a) 19 20 On August 22, 2022, Plaintiff Charles A. Daniels, a state prisoner proceeding pre 21 filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 in the Eastern District o 22 || California. (ECF No. 1.) The Complaint was subsequently transferred to this Court. (EC] 23 || No. 4.) 24 I. Failure to Pay Filing Fee or Request Leave to Proceed IFP 25 A party instituting a civil action in a district court of the United States must pay « 26 || filing fee of $402. See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, Distric 27 ||Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020)). An action may proceed despite : 28 || plaintiff's failure to pay this fee only if the Court grants leave to proceed in forma pauperi 1 || (“IFP”) based on indigency. 28 U.S.C. § 1915(a); Andrews v. Cervantes, 493 F.3d 1047, 2 (9th Cir. 2007). Even if the Court grants this permission, prisoners who proceed IFP 3 repay the entire fee in “increments” or “installments,” regardless of whether their 4 || action is ultimately dismissed. 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 5 847 (9th Cir. 2002). Because Plaintiff has not prepaid the $402 fee required to 6 |}commence this civil action nor submitted a Motion to Proceed IFP pursuant to 28 U.S.C. 7 || § 1915(a), his case cannot yet proceed. See 28 U.S.C. § 1914(a); Andrews, 493 F.3d at 8 1051. 9 IJ. Conclusion and Order 10 Accordingly, the Court: 11 (1) DISMISSES this civil action sua sponte without prejudice based on 12 ||Plaintiffs failure either to pay the $402 civil filing fee or file a Motion to Proceed IFP 13 || pursuant to 28 U.S.C. § 1914(a) and § 1915(a); and 14 (2) GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed 15 || to: (a) prepay the entire $402 civil filing and administrative fee in full; or (b) complete and 16 |) file a Motion to Proceed IFP which includes a certified copy of his trust account statement 17 || for the 6-month period preceding the filing of his Complaint.' See 28 U.S.C. § 1915(a)(2); 18 Cal. Civ. L.R. 3.2(b). 19 20 21 ||! Plaintiff is cautioned that if he chooses to proceed by either prepaying the $402 civil filing fee, or submitting a properly supported Motion to Proceed IFP, his Complaint will be screened before service and may be dismissed sua sponte pursuant to 28 U.S.C. § 1915A(b) 23 || and/or 28 U.S.C. § 1915(e)(2)(B), regardless of whether he pays the full filing fee up front, or is granted IFP status and is obligated to pay the full filing fee in installments. See Lopez 4 Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (noting that 28 U.S.C. § 1915(e) 25 ||“not only permits but requires” the court to sua sponte dismiss an in forma pauperis 26 complaint that is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are immune); see also Rhodes v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 27 2010) (discussing similar screening required by 28 U.S.C. § 1915A of all complaints filed by prisoners “seeking redress from a governmental entity or officer or employee of a governmental entity.”)
1 The Clerk of the Court is DIRECTED to provide Plaintiff with this Court’s 2 ||approved form “Motion and Declaration in Support of Motion to Proceed In Forma 3 || Pauperis.” If Plaintiff fails to either prepay the $402 civil filing fee or complete and submit 4 |ithe enclosed Motion to Proceed IFP within 45 days, this action will be dismissed without 5 || prejudice based on his failure to satisfy 28 U.S.C. § 1914(a)’s fee requirements. 6 IT IS SO ORDERED. 7 8 |/Dated: [7/ 2.2 9 aite—— Tiida Obta— 10 United/States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28