Johnson v. Pamplin et al

Filing 2

ORDER DISMISSING CASE. Court 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 USC 1914 and 1915(a). Court grants Pla 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 along with a certified copy of his trust account statement for the 6-month period preceding the filing of the Complaint. Signed by Judge Cynthia Bashant on 3/23/2017.(Blank IFP Motion form t/w copy of this order mailed to Plaintiff) (All non-registered users served via U.S. Mail Service) (jah)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 Case No.: 17-cv-560-BAS(BLM) 13 14 JAMI JOHNSON, G-20888, 15 16 17 18 19 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. D. PAMPLIN; G. VALDAVINAS; A. MASSIA; M. MORALES; J. HEDDY; O. MORALES; M. ACUNA; J. WILBORN; W. SMITH, 20 Defendants. 21 22 23 Jami Johnson (“Plaintiff”), currently incarcerated at California State Prison, 24 Corcoran, located in Corcoran, California, and proceeding pro se, has filed a civil-rights 25 complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) 26 // 27 // 1 17cv560 1 I. Failure to Pay Filing Fee or Request In Forma Pauperis Status 2 All parties instituting any civil action, suit, or proceeding in a district court of the 3 United States, except an application for writ of habeas corpus, must pay a filing fee of 4 $400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure to 5 prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. 6 § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. 7 Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if the plaintiff is a prisoner, and even 8 if he is granted leave to commence his suit IFP, he remains obligated to pay the entire filing 9 fee in “increments,” see Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), 10 regardless of whether his case is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2); 11 Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). 12 Plaintiff has not prepaid the $400 in filing and administrative fees required to 13 commence this civil action, nor has he submitted a properly supported Motion to Proceed 14 IFP pursuant to 28 U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28 U.S.C. 15 § 1914(a); Andrews, 493 F.3d at 1051. 16 17 II. Conclusion and Order 18 For the reasons set forth above, the Court: 19 (1) DISMISSES this action sua sponte without prejudice for failure to pay the 20 $400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to 21 28 U.S.C. §§ 1914(a) and 1915(a); and 22 23 24 25 26 27 (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                                                                   1 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 in forma pauperis (“IFP”). Id. 2 17cv560 1 file a Motion to Proceed IFP which includes a certified copy of his trust account statement 2 for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2); 3 S.D. Cal. CivLR 3.2(b). 4 The Court further ORDERS that the Clerk of the Court shall provide Plaintiff with 5 this Court’s approved form titled, “Motion and Declaration in Support of Motion to 6 Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee, or 7 complete and submit the enclosed Motion to Proceed IFP within 45 days, this action will 8 remain dismissed without prejudice based on Plaintiff’s failure to satisfy 28 U.S.C. 9 § 1914(a)’s fee requirements and without further Order of the Court. 10 IT IS SO ORDERED. 11 12 DATED: March 23, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 17cv560

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