Taidje Rayburn Robinson v. Santa Barbara County Sheriffs Office et al

Filing 8

ORDER TO SHOW CAUSE WITHIN 21 DAYS RE: FAILURE TO PAY PARTIAL FILING FEE by Magistrate Judge Steve Kim. Within 21 days of the date of this Order, Plaintiff is ordered to show cause why this action should not be dismissed for Plaintiff's failure to timely pay the initial partial filing fee. Plaintiff may discharge this order and avoid dismissal by submitting the initial partial filing fee. If Plaintiff claims that he no longer has the funds in his prison account to pay the initial partial fi ling fee, he must submit an updated copy of his prison trust statement showing his deposits, withdrawals, and balance for the past six months. If Plaintiff does not file a timely and satisfactory response to this Order to Show Cause, the court will recommend dismissal of the Complaint for failure to comply with a court order and failure to prosecute. IT IS SO ORDERED. (mkr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TAIDJE RAYBURN ROBINSON,

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Case No. 2:16-CV-06287-ODW (SK)

Plaintiff,
ORDER TO SHOW CAUSE
WITHIN 21 DAYS RE:
FAILURE TO PAY PARTIAL
FILING FEE

v.
SANTA BARBARA COUNTY
SHERIFFS OFFICE et al.,
Defendants.

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I.

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INTRODUCTION

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On March 24, 2016, Plaintiff, a prisoner in the custody of Santa

20 Barbara County proceeding pro se with a civil rights complaint, was granted
21 in forma pauperis status under 28 U.S.C. § 1915(b)(1). (CM/ECF Nos. 1, 4).
22 The Court ordered Plaintiff to pay an initial partial filing fee of $6.00 by no
23 later than September 26, 2016, or face dismissal. To date, the Clerk of Court
24 has not received payment. THEREFORE, within 21 days of the date of this
25 Order, Plaintiff is ordered to show cause why his Complaint should not be
26 dismissed for failure to pay the initial partial filing fee. If Plaintiff does not
27 file a timely and satisfactory response to this Order, the Court will
28 recommend dismissal of the Complaint.

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II.

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DISCUSSION

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Under the Prison Litigation Reform Act (“PLRA”), a prisoner granted

4 in forma pauperis status (“IFP”) must pay the full amount of the filing fee.
5 See 28 U.S.C. § 1915(b)(1). If the prisoner is unable to pay the full filing fee,
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The court shall assess and, when funds exist, collect, as a partial
payment of any court fees required by law, an initial partial filing
fee of 20 percent of the greater of—
(A) the average monthly deposits to the prisoner’s account; or
(B) the average monthly balance in the prisoner’s account for
the 6-month period immediately preceding the filing of the
complaint or notice of appeal.

12 Id. After paying the initial partial filing fee, the prisoner must make monthly
13 payments toward the balance of the full filing fee equal to “20 percent of the
14 preceding month’s income credited to the prisoner’s account,” to be
15 forwarded by the custodial agency if the prisoner’s account balance exceeds
16 $10. See 28 U.S.C. § 1915(b)(2). Plaintiff cannot proceed with this cause of
17 action until he has paid the initial partial filing fee or demonstrated why he
18 lacks the funds to do so.
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The PLRA’s “safety-valve” provision provides an exception to dismissal

20 for an IFP prisoner’s failure to pay the initial partial filing fee, but only where
21 the prisoner lacks available funds at the time payment is ordered. See
22 Taylor v. Delatoore, 281 F.3d 844, 850 (9th Cir. 2002) (citing to 28 U.S.C. §
23 1915(b)(4)). The Court may also consider the reason for the prisoner’s lack
24 of available funds and dismiss the case where the prisoner’s failure to pay is
25 due to the prisoner’s economic choices. See Olivares v. Marshall, 59 F.3d
26 109, 112 (9th Cir. 1995) (dismissal upheld where prisoner depleted account
27 by making “economic choices about how to spend his money, as between his
28 filing fee and comforts purchased in the prison commissary”).
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III.

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CONCLUSION

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Within 21 days of the date of this Order, Plaintiff is ordered to show

4 cause why this action should not be dismissed for Plaintiff’s failure to timely
5 pay the initial partial filing fee. Plaintiff may discharge this order and avoid
6 dismissal by submitting the initial partial filing fee. If Plaintiff claims that he
7 no longer has the funds in his prison account to pay the initial partial filing
8 fee, he must submit an updated copy of his prison trust statement showing
9 his deposits, withdrawals, and balance for the past six months.
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If Plaintiff does not file a timely and satisfactory response to this Order

11 to Show Cause, the Court will recommend dismissal of the Complaint for
12 failure to comply with a court order and failure to prosecute. See Fed. R. Civ.
13 P. 41(b); L.R. 41-1.
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IT IS SO ORDERED.

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17 DATED: October 18, 2016
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__________________________
STEVE KIM
U.S. MAGISTRATE JUDGE

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