Goodlow, Jr. v. Camacho et al

Filing 3

ORDER Denying 2 Motion for Leave to Proceed in Forma Pauperis Pursuant to 28 U.S.C. § 1915(a) and Dismissing Civil Action Without Prejudice for Failing to Prepay Filing Fees Required by 28 U.S.C. § 1914(a). Signed by Judge Cathy Ann Bencivengo on 4/23/2018. (All non-registered users served via U.S. Mail Service) (Copy of blank IFP form mailed to Plaintiff.)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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IVAN FRANCES GOODLOW, Jr.,
CDCR #AX-3970,

Case No.: 3:18-cv-00709-CAB-MDD
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
PURSUANT TO 28 U.S.C. § 1915(a)
AND DISMISSING CIVIL ACTION
WITHOUT PREJUDICE FOR
FAILING TO PREPAY FILING
FEES REQUIRED BY
28 U.S.C. § 1914(a)

Plaintiff,

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vs.

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Mr. CAMACHO, C-Yard Correctional
Officer, et al.,

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Defendants.

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[ECF No. 2]

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IVAN FRANCES GOODLOW, Jr. (“Plaintiff”), currently incarcerated at

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California State Prison in Lancaster (“LAC”), and proceeding pro se, filed a Complaint

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pursuant to the Civil Rights Act, 42 U.S.C. § 1983, on April 9, 2018. See Compl., ECF

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No. 1.

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Plaintiff claims several prison officials at Richard J. Donovan Correctional

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Facility, in San Diego, California, violated his First, Eighth, and Fourteenth Amendment

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rights while he was incarcerated there in January and February 2018. Id. at 1-13. Plaintiff

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did not prepay the civil filing fee required by 28 U.S.C. § 1914(a) at the time he

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submitted his Complaint, but instead has filed Motion to Proceed In Forma Pauperis

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(“IFP”) pursuant to 28 U.S.C. § 1915(a). See ECF No. 2.
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I.

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Motion to Proceed IFP
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 Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if the

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plaintiff is a prisoner at the time of filing, he may be granted leave to proceed IFP, but he

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nevertheless remains obligated to pay the entire fee in “increments,” see Williams v.

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Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), regardless of whether his case is ultimately

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dismissed. See 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th

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Cir. 2002). A “prisoner” is defined as “any person” who at the time of filing is

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“incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or

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adjudicated delinquent for, violations of criminal law or the terms or conditions of parole,

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probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h); Taylor, 281

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F.3d at 847.
Prisoners seeking leave to proceed IFP must also submit a “certified copy of the[ir]

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trust fund account statement (or institutional equivalent) . . . for the 6-month period

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immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2). From the

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certified trust account statement, the Court assesses an initial payment of 20% of (a) the

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average monthly deposits in the account for the past six months, or (b) the average

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monthly balance in the account for the past six months, whichever is greater, unless the

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prisoner has no assets. See 28 U.S.C. § 1915(b)(1), (4); Taylor, 281 F.3d at 850. After,

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the institution having custody of the prisoner collects subsequent payments, assessed at

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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. June. 1, 2016). The additional $50 administrative fee does
not apply to persons granted leave to proceed IFP. Id.
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20% of the preceding month’s income, in any month in which his account exceeds $10,

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and forwards them to the Court until the entire filing fee is paid. See 28 U.S.C.

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§ 1915(b)(2).

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While Plaintiff has filed a Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a),

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he has not attached a certified copy of his CDCR Inmate Statement Report for the 6-

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month period immediately preceding the filing of his Complaint. See 28 U.S.C.

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§ 1915(a)(2); S.D. CAL. CIVLR 3.2. Section 1915(a)(2) clearly requires that prisoners

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“seeking to bring a civil action . . . without prepayment of fees . . . shall submit a certified

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copy of the trust fund account statement (or institutional equivalent) . . . for the 6-month

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period immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2)

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(emphasis added).

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Without his CDCR-certified trust account statements, the Court is unable to assess

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the appropriate amount of the initial filing fee which is statutorily required to initiate the

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prosecution of this action. See 28 U.S.C. § 1915(b)(1).

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II.

Conclusion and Order

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For this reason, IT IS ORDERED that:

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(1)

Plaintiff’s Motion to Proceed IFP (ECF No. 2) is DENIED and the action is

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DISMISSED without prejudice for failure to prepay the $400 filing fee required by 28

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U.S.C. § 1914(a).

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(2)

Plaintiff is GRANTED forty-five (45) days from the date of this Order in

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which to re-open his case by either: (1) paying the entire $400 statutory and

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administrative filing fee in one lump-sum, or (2) filing a renewed Motion to Proceed IFP,

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which includes a prison certificate and/or a certified copy of his CDCR Inmate Statement

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Report for the 6-month period preceding the filing of his Complaint pursuant to 28 U.S.C.

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§ 1915(a)(2) and S.D. CAL. CIVLR 3.2(b).

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(3)

The Clerk of the Court is DIRECTED to provide Plaintiff with a Court-

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approved form “Motion and Declaration in Support of Motion to Proceed IFP” for his use

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and convenience. But if Plaintiff neither pays the $400 filing fee in full, nor sufficiently
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completes and files a renewed Motion to Proceed IFP, together with a certified copy of

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his 6-month CDCR Inmate Statement Report within 45 days, this case will remained

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dismissed without prejudice pursuant to 28 U.S.C. § 1914(a), and without any further

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Order of the Court.1

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IT IS SO ORDERED.
Dated: April 23, 2018

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Plaintiff is cautioned that if he chooses to proceed further by either prepaying the full
$400 civil filing fee, or submitting a properly supported renewed Motion to Proceed IFP,
his Complaint will be reviewed before service and may be dismissed pursuant to 28
U.S.C. § 1915A(b) and/or 28 U.S.C. § 1915(e)(2)(B), regardless of whether he pays or is
obligated to pay filing fees. See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000)
(en banc) (noting that 28 U.S.C. § 1915(e) “not only permits but requires” the court to
sua sponte dismiss an in forma pauperis complaint that is frivolous, malicious, fails to
state a claim, or seeks damages from defendants who are immune); see also Rhodes v.
Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010) (discussing similar screening required by
28 U.S.C. § 1915A of all complaints filed by prisoners “seeking redress from a
governmental entity or officer or employee of a governmental entity.”).
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