Alcantara v. Six Unknown Names Agents et al

Filing 2

ORDER Dismissing Civil Action Without Prejudice For Failing To Pay Filing Fees Required By U.S.C. Section 1914(a) And/Or Failing To Move To Proceed In Forma Pauperis Pursuant To 28 U.S.C. Section 1915(a): Plaintiff is granted forty five (45) days lea ve to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP. If Plaintiff fails to either prepay the $400 civil filing fee or complete and submit the Motion to Proceed IFP within that time, this action shall remain dismissed without prejudice and without further Order of the Court. Signed by Judge William Q. Hayes on 5/20/2014. (All non-registered users served via U.S. Mail Service; per Order, a blank IFP motion form also was sent.)(mdc)(jrd)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOSE ALCANTARA,
Reg. No. A034544425,

Civil No.

Plaintiff,

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vs.

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SIX UNKNOWN NAMES AGENTS;
BARACK OBAMA,

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ORDER DISMISSING CIVIL
ACTION WITHOUT PREJUDICE
FOR FAILING TO PAY
FILING FEES REQUIRED
BY 28 U.S.C. § 1914(a) AND/OR
FAILING TO'MOVE TO
PROCEED IN FORMA PAUPERIS
PURSUANT TO
28 U.S.C. § 1915(a)

Defendants.

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Plaintiff, currently detained at the Etowah County Jail in Gadsden, Alabama, and

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proceeding pro se, filed an incomprehensible one-page complaint entitled "Civil Rights

22 Action with the Writ of Summons and Complaint" "under 42 U.S.C. § 1983" on March
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17,2014 (ECF Doc. No.1).

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I.

FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS
All parties instituting any civil action, suit or proceeding in any district court of

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26 the United States, except an application for writ of habeas corpus, must pay a filing fee
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/ II

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III

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of $400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a party's failure to

2 pay this filing fee only ifthe party is granted leave to proceed informa pauperis ("IFP")
3 pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 10Sl (9th
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Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

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Plaintiff has not prepaid the $400 in filing and administrative fees required to

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commence a civil action, nor has he submitted a Motion to Proceed IFP pursuant to 28

7 U.S.C. § 1915(a). Therefore, the case cannot yet proceed. See 28 U.S.C. § 1914(a);
8 Andrews, 493 F.3 d at lOS 1.

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CONCLUSION AND ORDER

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For the reasons set forth above, the Court hereby:

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(1)

DISMISSES this action sua sponte without prejudice for failing to pay the

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$400 civil filing and administrative fee or submit a Motion to Proceed IFP pursuant to

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28 U.S.C. § 1914(a) and § 1915(a); and

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(2)
filed to:

GRANTS Plaintiff forty five (45) days leave from the date this Order is
(a) prepay the entire $400 civil filing and administrative fee in full; or

16 (b) complete and file a Motion to Proceed IFP which includes a certified copy ofhis trust
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account statement for the 6-month period preceding the filing of his Complaint. See 28

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U.S.C. § 19 I 5 (a)(2); S.D. CAL. CIvLR 3.2(b).2

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1 In addition to the $350 statutory fee, all parties filing civil actions on or after May I,
2013, must pay an additional administratIve fee of$50. See 28 U.S.C. § 1914(a), (b); Judicial
Conference Schedule of Fees, District Court Misc. Fee Schedule, eff. May 1,2013. However,
the additional $50 administrative fee is waived if the plaintiff is granted leave to proceed IFP.
Id.

2 Plaintiff is cautioned that if he chooses to proceed further with this action either by
24 paying the full $400 in civil and administrative fees required by 28 U.S.C. § 1914(a), or moving
25 to proceed IFP, his Complaint, which is currently comprised of a single page of unpunctuated
and nonsensical legal jargon seeking the issuance ofa "writ ofattachment !?arnishment" for "five
26 million ... plus one hundred million dollars" against unidentified "agents' and the President of
the United States, will be screened and immediately dismissed as frivolous pursuant to 28 U.S.c.
§ 1915A(b) and 28 U.S.C. § 1915(e)(2)(b). See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th
27 Cir. 2000) (en bane) (noting that 28 U.S.C. § 1915(e) "not only permits but requires" the court
28 to sua sponte dismiss an inJorma pauperis complaint that fails to state a claim); see also Rhodes
v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010) (discussing sua sponte screening required by
28 U.S.C. § 1915A(b) of all prisoner complaints).
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IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff

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with this Court's approved form "Motion and Declaration in Support of Motion to

3 Proceed In Forma Pauperis." If Plaintiff fails to either prepay the $400 civil filing fee
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or complete and submit the enclosed Motion to Proceed IFP within that time, this action

5 shall remain dismissed without prejudice and without further Order of the Court.

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7 DATED:
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HON. WILLIAM . HAYES
United States Di ict Judge

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