Woodis v. Woodis et al

Filing 2

ORDER DISMISSING Civil Action Without Prejudice for Failing to Pay Filing Fee Required and/or Failing to Move to Proceed In Forma Pauperis. Signed by Judge Michael M. Anello on 8/16/2017. (Copy of Motion and Declaration in Support of Motion to Proceed In Forma Pauperis mailed)(All non-registered users served via U.S. Mail Service)(jjg)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
Case No.: 3:17-cv-01642-MMA-BGS

11
12

DENO E. WOODIS
17137550,

13
14
15
16

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.
KAREN WOODIS; KAREN JONES;
STATE OF CALIFORNIA,
Defendants.

17
18
19
20

DENO E. WOODIS (“Plaintiff”), currently incarcerated at Vista Detention Facility

21

located in Vista, California, and proceeding pro se, has filed a civil rights complaint

22

(“Compl.”) pursuant to 42 U.S.C. § 1983 (Doc. No. 1).

23

I.

24
25

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

26
27
1
3:17-cv-01642-MMA-BGS

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

II.

Conclusion and Order

14

For the reasons set forth above, the Court hereby:

15

(1)

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

16

$400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to

17

28 U.S.C. §§ 1914(a) and 1915(a); and
(2)

18

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

19

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

20

complete and file a Motion to Proceed IFP which includes a certified copy of his trust

21

account statement for the 6-month period preceding the filing of his Complaint. See 28

22

U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2(b).

23
24
25
26
27

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 IFP. Id.
2
3:17-cv-01642-MMA-BGS

1

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

2

with this Court’s approved form “Motion and Declaration in Support of Motion to

3

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

4

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

5

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

6

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

7
8
9

IT IS SO ORDERED.
DATE: August 16, 2017

_______________________________________
HON. MICHAEL M. ANELLO
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
3
3:17-cv-01642-MMA-BGS