Rodriguez v. Stall et al

Filing 2

ORDER DISMISSING CASE 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). Plaintiff is granted forty five days leave from the date of this Order to pay the filing and administrative fee or file a motion to proceed IFP. Signed by Judge Larry Alan Burns on 11/12/14. (All non-registered users served via U.S. Mail Service)(motion for ifp form to plaintiff)(kas)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12

PEDRO RODRIGUEZ,
Inmate Booking No. 1474593

Civil No.
Plaintiff,

13
14
15

vs.

16
17
18
19
20

14cv2646 LAB (DHB)

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)

ROBERT S. STALL; LAURA ENGREM;
F. MICHAEL GARCIA;
OFFICE OF ASSIGNED COUNSEL,
SUPERIOR COURT OF SAN DIEGO,
Defendants.

21
22
23
24

Plaintiff, currently incarcerated at the Vista Detention Facility located in Vista,

25 California, has filed this civil action pursuant to 42 U.S.C. § 1983.
26 / / /
27 / / /
28

I:\Everyone\_EFILE-PROSE\LAB\14cv2646-dsm-no-pay-IFP.wpd

-1-

14cv2646 LAB (DHB)

1 I.

FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS

2

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

3 the United States, except an application for writ of habeas corpus, must pay a filing fee
4 of $400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a party’s failure to
5 pay this filing fee only if the party is granted leave to proceed in forma pauperis (“IFP”)
6 pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th
7 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

8

9 commence a civil action, nor has he submitted a Motion to Proceed IFP in compliance
10 with 28 U.S.C. § 1915(a). Therefore, the case cannot yet proceed. See 28 U.S.C.
11 § 1914(a); Andrews, 493 F.3d at 1051.
12 II.

CONCLUSION AND ORDER

13

For the reasons set forth above, the Court hereby:

14

(1)

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

15 $400 civil filing and administrative fee or submit a Motion to Proceed IFP pursuant to
16 28 U.S.C. § 1914(a) and § 1915(a); and
17

(2)

18 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

19 (b) complete and file a Motion to Proceed IFP, which includes a certified copy of his
20 trust account statement for the 6-month period preceding the filing of his Complaint. See
21 28 U.S.C. § 1915(a)(2); S.D. CAL. CIVLR 3.2(b).
22

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

23 with this Court’s approved form “Motion and Declaration in Support of Motion to
24 Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee
25
26
1
In addition to the $350 statutory fee, all parties filing civil actions on or after May 1,
27 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,
28 the additional $50 administrative fee is waived if the plaintiff is granted leave to proceed IFP.
Id.
I:\Everyone\_EFILE-PROSE\LAB\14cv2646-dsm-no-pay-IFP.wpd

-2-

14cv2646 LAB (DHB)

1 or fully complete and submit the enclosed Motion to Proceed IFP within that time, this
2 action shall remain dismissed without prejudice for the reasons set out in this Order.
3
4 DATED: November 12, 2014
5

HONORABLE LARRY ALAN BURNS
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

I:\Everyone\_EFILE-PROSE\LAB\14cv2646-dsm-no-pay-IFP.wpd

-3-

14cv2646 LAB (DHB)