Tremaine Carroll v. Daniel Paramo

Filing 7

ORDER DISMISSING CASE 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); 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 which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint. Signed by Judge Cathy Ann Bencivengo on 7/15/16.(All non-registered users served via U.S. Mail Service)(ifp form to pla)(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-1718-CAB-JLB
TREMAINE CARROLL
H-73384,

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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,
v.
DANIEL PARAMO,

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Defendant.

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Tremaine Carroll (“Plaintiff”), currently incarcerated at the Richard J. Donovan

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Correctional Facility located in San Diego, California, and proceeding pro se, initially

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filed a civil rights complaint (“Compl.”) pursuant to 42 U.S.C. § 1983 (ECF No. 1) in the

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Central District of California. United States District Judge Stephen Wilson determined

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that the events giving rise to the action occurred in San Diego, California and transferred

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the matter to the Southern District of California on June 30, 2016. (ECF No. 4.)

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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 a district court of the
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3:16-cv-1718-CAB-JLB

I:\Everyone\_EFILE-PROSE\CAB\16cv1718-dsm-no-IFP.docm

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

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

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prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C.

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§ 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v.

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Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if the Plaintiff is a prisoner, and

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even if he is granted leave to commence his suit IFP, he remains obligated to pay the

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entire filing fee in “increments,” see Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir.

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2015), regardless of whether his case is ultimately dismissed. See 28 U.S.C. § 1915(b)(1)

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& (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002).

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

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commence this civil action, nor has he submitted a properly supported Motion to Proceed

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IFP pursuant to 28 U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28

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U.S.C. § 1914(a); Andrews, 493 F.3d at 1051.

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II.

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 failure to pay the

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$400 civil filing and administrative fee or to 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)

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

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filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b)

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complete and file a Motion to Proceed IFP which includes a certified copy of his 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. § 1915(a)(2); S.D. Cal. CivLR 3.2(b).

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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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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

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Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee or

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complete and submit the enclosed Motion to Proceed IFP within 45 days, this action will

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remain dismissed without prejudice based on Plaintiff’s failure to satisfy 28 U.S.C. §

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1914(a)’s fee requirements and without further Order of the Court.

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IT IS SO ORDERED.
Dated: July 15, 2016

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