Griffin v. Smith
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. § 1914(a). The Court hereby: (1) Dismisses without pr ejudice this action sua sponte 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); and (2) Grants Plaintiff forty-five (45) days leave fro m 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 Janis L. Sammartino on 11/14/2017.(All non-registered users served via U.S. Mail Service)(mpl)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 17-CV-2272-JLS-KSC
ALEX GRIFFIN,
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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.
OFFICER SMITH,
Defendant.
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Alex Griffin (“Plaintiff”), proceeding pro se, has filed a civil rights action, (ECF No.
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1).
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I.
Failure to Pay Filing Fee or Request IFP 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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17-CV-2272-JLS-KSC
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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 In Forma Paurperis (“IFP”)
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pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir.
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2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if the Plaintiff
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is a prisoner, and even if he is granted leave to commence his suit IFP, he remains obligated
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to pay the entire filing fee in “increments,” see Williams v. Paramo, 775 F.3d 1182, 1185
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(9th Cir. 2015), regardless of whether his case is ultimately dismissed. See 28 U.S.C.
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§ 1915(b)(1) & (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 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 hereby:
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(1)
DISMISSES WITHOUT PREJUDICE this action sua sponte for failure to
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pay the $400 civil filing and administrative fee or to submit a Motion to Proceed IFP
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pursuant to 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
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to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b) complete and
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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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Civil Local Rule 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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17-CV-2272-JLS-KSC
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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 Proceed
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In Forma Pauperis.” If Plaintiff fails to either prepay the $400 civil filing fee or complete
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and submit the enclosed Motion to Proceed IFP within 45 days, this action will remain
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dismissed without prejudice based on Plaintiff’s failure to satisfy 28 U.S.C. § 1914(a)’s fee
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requirements and without further Order of the Court.
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IT IS SO ORDERED.
Dated: November 14, 2017
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17-CV-2272-JLS-KSC
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