Santander v. Six Unknown Names Agents et al

Filing 2

ORDER Dismissing Civil Action without Prejudice for Failing to Pay Filing Fees and/or Failing to Move to Proceed In Forma Pauperis. Plaintiff is granted forty five (45) days leave from the date this Order is filed to: (a) prepay the $400 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP. Signed by Judge Roger T. Benitez on 7/21/2014.(Sent IFP form to Plaintiff)(All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ARION SANTANDER,
Reg. No. A206505601,

Civil No.
Plaintiff,

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vs.

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SIX UNKNOWN NAMES AGENTS;
BARACK OBAMA,
Defendants.

14-CV-0911-BEN (peL)

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

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

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21 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 April
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15,2014. (ECF Doc. No.1).

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I.

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

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

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II/
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14cv0911 BEN (PeL)

1 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, 1051 (9th
4 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

6 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.3d at 105l.
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II.

CONCLUSION AND ORDER

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F or the reasons set forth above, the Court hereby:

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(l)

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

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

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(2)

GRANTS Plaintiff forty five (45) days leave from the date this Order is

15 filed to: (a) prepay the $400 civil filing and administrative fee in full; or (b) complete
16 and file a Motion to Proceed IFP which includes a certified copy of his trust account
17 statement for the 6-month period preceding the filing of his Complaint. See 28 U.S.C.
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§ 1915(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 1,2013, must pay an additional admmistrative fee of$50. See 28 U.S.C. § 1914(a),
21 (b);. Judicial Conference Schedule ofFees~ District Court Misc. Fee Schedule, eff. Ma'y
22 1, LO 13. However, the additional $50 aoministrative fee is waived if the plaintiff IS
granted leave to proceed IFP. Id.
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2 Plaintiff is cautioned that ifhe chooses to proceed further with this action, either
24 by paying the full $400 in civil and administrative fees required by 28 U.S.C. § 1914(a)
or moving to proceed IFP, his Complaint, which is currently' comprised of a sin~le page
of unpunctuated and nonsensical legal jargon seeking the issuance of a wnt of
25 attachment garnishment" for "five milIion ... plus one hundred million dollars" against
26 unidentified "agents" and the President of the United States", will be screeneo and
immediate!x dismissed as frivolous pursuant to 28 U.S.C. § 1~15A(b) and 28 U.S.C.
1915(e)(2)(b). See Lopez v. Smith,L03 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc)
27 noting tnat 28 U.S.C. § 1915(e) "not only' permits but requires" the court to sua sp'onte
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ismiss an in forma J!.auperis complaint that fails to state a claim); see also Rhoiies v.
Robins0'!.f 62 r F.3d 100Z, 1004 (9tli Cir. 2010) (discussing sua sponte screening required
by 28 U.().C. § 1915A(b) of all prisoner complaints).

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IT IS FURTHER ORDERED that the Clerk ofthe Court shall provide Plaintiff

2 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
4 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.

H
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GER T. BENI Z
United States District Judge

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14cv0911 BEN (PCL)