Turley v. Lopez

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MACEY E. TURLEY, Case No.: 3:22-cv-1718-WQH-KSC CDCR #BF-8128 12 ORDER 13 Plaintiff, 14 vs. 15 16 LOPEZ, Correctional Officer; GARCIA, 17 Correctional Officer; COYLE, Correctional Officer; ROCHA, Correctional Officer, 18 Defendants. 19 20 21 HAYES, Judge: 22 On October 31, 2022, Plaintiff Macey E. Turley, a state inmate currently 23 incarcerated at California State Prison, Corcoran and proceeding pro se, filed a Complaint 24 pursuant to 42 U.S.C. § 1983. (ECF No. 1.) 25 All parties instituting any civil action, suit, or proceeding other than an application 26 for writ of habeas corpus in a district court of the United States must pay a filing fee of 27 28 1 $402. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to 2 prepay the entire fee only if he is granted leave to proceed in forma pauperis (“IFP”) 3 pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 4 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, a plaintiff who 5 is a prisoner remains obligated to pay the entire filing fee in “increments,” see Williams v. 6 Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), regardless of whether the case is ultimately 7 dismissed, even if the plaintiff is granted IFP status. See 28 U.S.C. §§ 1915(b)(1) and (2); 8 Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). 9 Plaintiff has not prepaid the $402 civil filing fee required by 28 U.S.C. § 1914(a) 10 and has not filed a motion to proceed IFP pursuant to 28 U.S.C. § 1915(a). Therefore, his 11 case cannot yet proceed. See 28 U.S.C. § 1914(a); Andrews, 493 F.3d at 1051. 12 IT IS HEREBY ORDERED that this action is dismissed without prejudice for 13 Plaintiff’s failure to pay the $402 civil filing and administrative fee or submit a motion to 14 proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). The Court grants Plaintiff 15 thirty (30) days leave from the date this Order is filed to: (a) prepay the entire $402 civil 16 filing and administrative fee in full; or (b) complete and file a motion to proceed IFP, 17 including a certified copy of Plaintiff’s trust account statement for the 6-month period 18 preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2(b). 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 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, 2020). The additional $52 administrative fee does not apply to persons granted leave to proceed 28 1 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with 2 ||this Court’s approved form “Motion and Declaration in Support of Motion to Proceed Jn 3 || Forma Pauperis.” If Plaintiff fails to either prepay the $402 civil filing fee or complete and 4 |}submit the enclosed motion to proceed IFP within thirty days, this action will remain 5 dismissed without prejudice based on Plaintiff's failure to satisfy the fee requirements of 6 ||28 U.S.C. § 1914(a) and without further Order of the Court.a 7 Dated: November 30, 2022 itt Z. A a 8 Hon. William Q. Hayes 9 United States District Court 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28