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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 17-cv-560-BAS(BLM)

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JAMI JOHNSON,
G-20888,

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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.
D. PAMPLIN; G. VALDAVINAS; A.
MASSIA; M. MORALES; J. HEDDY; O.
MORALES; M. ACUNA; J. WILBORN;
W. SMITH,

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Defendants.

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Jami Johnson (“Plaintiff”), currently incarcerated at California State Prison,

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Corcoran, located in Corcoran, California, and proceeding pro se, has filed a civil-rights

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complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.)

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//

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//
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17cv560

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I.

Failure to Pay Filing Fee or Request In Forma Pauperis Status

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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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$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 even

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

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fee in “increments,” see Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015),

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regardless of whether his case is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2);

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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 U.S.C.

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§ 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:

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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 filed

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

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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 in forma pauperis (“IFP”). Id.
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17cv560

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file a Motion to Proceed IFP which includes a certified copy of his trust account statement

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for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2);

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S.D. Cal. CivLR 3.2(b).

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The Court further ORDERS that the Clerk of the Court shall provide Plaintiff with

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this Court’s approved form titled, “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.

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DATED: March 23, 2017

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17cv560