Bonilla v. Imperial, San Diego, and Alameda County Superior Courts

Opinion

1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 4 Steven Wayne BONILLA, Case No.: 23-cv-2273-AGS-BGS 5 ORDER DISMISSING ACTION Plaintiff, 6 FOR FAILURE TO PAY v. FILING FEE 7 8 IMPERIAL, SAN DIEGO, AND 9 ALAMEDA COUNTY SUPERIOR COURTS, 10 Defendants. 11 12 Plaintiff Steven Bonilla is a state prisoner representing himself in this civil-rights 13 action under 42 U.S.C. § 1983. (See ECF 1.) Because he has not paid the required filing 14 fees or moved to proceed without prepaying them, this case must be dismissed. 15 All parties instituting a civil action in U.S. district court must generally prepay filing 16 fees. See 28 U.S.C. § 1914(a). In non-habeas cases, the total fee is $405, consisting of a 17 $350 statutory fee and a $55 administrative fee. See id.; Judicial Conference Schedule of 18 Fees, District Court Misc. Fee Schedule, § 14 (effective Dec. 1, 2023). If a plaintiff is 19 granted leave to proceed in forma pauperis, however, the administrative fee is waived and 20 the case may proceed “without prepayment of [statutory] fees.” 28 U.S.C. § 1915(a); see 21 Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). Yet a prisoner granted IFP 22 status remains obligated to pay the statutory filing fee in “increments.” See Williams v. 23 Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015); 28 U.S.C. § 1915(b)(1) & (2). 24 Bonilla has not prepaid the $405 in required fees, nor has he moved to proceed IFP. 25 Therefore, his case cannot proceed. See 28 U.S.C. § 1914(a); Andrews, 493 F.3d at 1051. 26 Accordingly, this action is DISMISSED without prejudice. By February 23, 2024, 27 Bonilla may either (a) prepay the entire $405 filing and administrative fee in full; or (b) file 28 a motion to proceed IFP that includes a certified copy of his trust account statement for the 1 || six-month period preceding the filing of his complaint. See 28 U.S.C. § 1915(a)(2); CivLR 2 |}3.2(b). 3 The Clerk of Court is directed to close this case. The Clerk must send Bonilla a copy 4 this order along with this Court’s approved form “Motion and Declaration in Support of 5 || Motion to Proceed In Forma Pauperis.” If Bonilla pays the fees or files a motion to proceed 6 || IFP by the deadline, the Clerk will reopen the case. If Bonilla has done neither by the 7 || deadline, the Clerk will issue a judgment by March 8, 2024. 8 Bonilla is cautioned that if he chooses to proceed, his complaint will be screened 9 ||before service. See 28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e)(2)(B). Regardless of 10 || whether he pays the fee or is granted IFP status, the case may be subject to post-screening 11 ||dismissal. See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (discussing IFP 12 ||screening); Rhodes v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010) (discussing screening 13 || of all prisoner complaints “seeking redress from a governmental entity’’). 14 ||Dated: January 9, 2024 15 = | f 16 Andrew G. Schopler United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 oe