Tzul v. Six Unknown Names Agents et al

Filing 2

ORDER DISMISSING Civil Action Without Prejudice For Failing to Pay Filing Fee 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). Plaintiff is Granted forty-five (45) days to pay the entire $400 filing and administrative fee in full, or complete and file a new Motion to Proceed IFP, which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint. Plaintiff provided new IFP Form. Signed by Judge Gonzalo P. Curiel on 5/19/2014.(All non-registered users served via U.S. Mail Service)(srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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YURI TZUL,
Reg. No. A205656598,

Civil No.

Plaintiff,

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vs.

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SIX UNKNOWN NAMES AGENTS;
BARACK OBAMA, President of the
United States,
Defendants.

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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)

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

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
23 15, 2014 (ECF Doc. No. 1).
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FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS

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All parties instituting any civil action, suit or proceeding in any district court of

26 the United States, except an application for writ of habeas corpus, must pay a filing fee
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14cv0913 GPC (KSC)

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 if the party 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
4 Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

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

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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 1051.
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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

12 $400 civil filing and administrative fee or submit a Motion to Proceed IFP pursuant to
13 28 U.S.C. § 1914(a) and § 1915(a); and

(2)

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15 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 of his trust
17 account statement for the 6-month period preceding the filing of his Complaint. See 28
18 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b).2
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In addition to the $350 statutory fee, all parties filing civil actions on or after May 1,
21 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,
22 the additional $50 administrative fee is waived if the plaintiff is granted leave to proceed IFP.
Id.
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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
to proceed IFP, his Complaint, which is currently comprised of a single page of unpunctuated
25 and nonsensical legal jargon seeking a “writ of attachment garnishment” for more than a hundred
million dollars against unidentified “agents” as well as Chief U.S. Supreme Court Justice John
26 Roberts 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,
27 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (noting that 28 U.S.C. § 1915(e) “not only
permits but requires” the court to sua sponte dismiss an in forma pauperis complaint that fails
28 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

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.
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7 DATED: May 19, 2014
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HON. GONZALO P. CURIEL
United States District Judge

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