Konrath v. Belkofer et al
Filing
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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). The Court grants Plaintiff forty-five (45) da ys 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-mont h period preceding the filing of his Complaint.. Signed by Judge Michael M. Anello on 4/17/2017. (A "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis" form was mailed to the Plaintiff)(All non-registered users served via U.S. Mail Service)(ag)
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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-03011-MMA-WVG
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GREGORY KONRATH
Inmate #254068,
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Plaintiff,
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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)
vs.
SCOTT BELKOFER, et al.,
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Defendants.
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Gregory Konrath (“Plaintiff”), currently incarcerated at Westville Correctional
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Facility located in Westville, Indiana, and proceeding pro se, has filed this civil action
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pursuant to various federal statutes, including 42 U.S.C. §§ 1983, 1985(3), 1986, and 28
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U.S.C. § 1331, and 1332. (Doc. Nos. 1, 3.)
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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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United States, except an application for writ of habeas corpus, must pay a filing fee of
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///
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3:16-cv-03011-MMA-WVG
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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
(2)
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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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3:16-cv-03011-MMA-WVG
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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.
DATE: April 17, 2017
_______________________________________
HON. MICHAEL M. ANELLO
United States District Judge
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3:16-cv-03011-MMA-WVG
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