Turner v. San Diego, County of et al

Filing 2

ORDER DISMISSING CASE without prejudice for failure to pay the $400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a). The Court grants Plaintiff forty-five (45) days leave from the date this Order is filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP. Signed by Judge Larry Alan Burns on 5/16/16.(All non-registered users served via U.S. Mail Service)(ifp form to plaintiff)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 3:16-cv-1136-LAB-JMA
DAVID B. TURNER, Jr.
15780644,

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,

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v.

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COUNTY OF SAN DIEGO, et al.,
Defendants.

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David B. Turner, Jr. (“Plaintiff”), currently incarcerated at George Bailey
Detention Facility located in San Diego, California, and proceeding pro se, has filed a
civil rights complaint (“Compl.”) pursuant to 42 U.S.C. § 1983 (ECF No. 1).
I.

Failure to Pay Filing Fee or Request IFP Status
All parties instituting any civil action, suit or proceeding in a district court of the

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

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3:16-cv-1136-LAB-JMA
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$400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure to
prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. §
1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v.
Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if the Plaintiff is a prisoner, and
even if he is granted leave to commence his suit IFP, he remains obligated to pay the
entire filing fee in “increments,” see Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir.
2015), regardless of whether his case is ultimately dismissed. See 28 U.S.C. § 1915(b)(1)
& (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002).
Plaintiff has not prepaid the $400 in filing and administrative fees required to
commence this civil action, nor has he submitted a properly supported Motion to Proceed
IFP pursuant to 28 U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28
U.S.C. § 1914(a); Andrews, 493 F.3d at 1051.
II.

For the reasons set forth above, the Court hereby:

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(1)

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

$400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to
28 U.S.C. §§ 1914(a) and 1915(a); and
(2)

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

filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b)
complete and file a 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. See 28
U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2(b).

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

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Conclusion and Order

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In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $50.
See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14
(eff. Dec. 1, 2014). The additional $50 administrative fee does not apply to persons granted leave to
proceed IFP. Id.
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with this Court’s approved form “Motion and Declaration in Support of Motion to
Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee or
complete and submit the enclosed Motion to Proceed IFP within 45 days, this action will
remain dismissed without prejudice based on Plaintiff’s failure to satisfy 28 U.S.C. §
1914(a)’s fee requirements and without further Order of the Court.
IT IS SO ORDERED.

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DATED: May 16, 2016

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HONORABLE LARRY ALAN BURNS

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United States District Judge

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