Frost v. Child and Family Services of San Bernardino County

Filing 4

ORDER DISMISSING CIVIL ACTION for Failure to Pay Filing Fees Required by 28 U.S.C. 1914(a). The Court GRANTS Plaintiff thirty (30) days from the date of this Order to re-open his case by: (a) Prepaying the entire $400 civil filing and administrative fee required by 28 U.S.C. 1914(a) in full; or (b) Completing and filing a Motion to Proceed IFP with an affidavit that includes a statement of all Plaintiff's assets as required by 28 U.S.C. 1915(a)(1) and S.D. Cal. CivLR 3.2(b). Signed by Judge Janis L. Sammartino on 1/6/2021. (All non-registered users served via U.S. Mail Service) (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RYAN FROST,

Case No.: 3:20-cv-2402-JLS-BLM
Plaintiff,

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vs.

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ORDER DISMISSING CIVIL
ACTION FOR FAILURE TO PAY
FILING FEES REQUIRED BY
28 U.S.C. § 1914(a)

CHILD AND FAMILY SERVICES OF
SAN BERNARDINO COUNTY, and
SAN BERNARDINO JUVENILE
COURT,

(ECF No. 1)

Defendants.

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Plaintiff Ryan Frost, proceeding pro se, filed this action against Defendants Child

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and Family Services of San Bernardino County and San Bernardino Juvenile Court on

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December 8, 2020.

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Amendments violations based on Defendants placing Plaintiff’s three children in foster

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care.

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I.

See ECF No. 1.

Plaintiff is alleging Fourth and Fourteenth

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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3:20-cv-2402-JLS-BLM

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$400. See 28 U.S.C. § 1914(a). 1 The 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 pauperis (“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). Section 1915(a)(2)

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requires all persons seeking to proceed without full prepayment of fees to submit an

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affidavit that includes a statement of all assets possessed and which demonstrates an

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inability to pay. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015).

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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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Accordingly, the Court:

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(1)

DISMISSES this action sua sponte without prejudice for failing 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 thirty (30) days from the date of this Order to re-open his

case by:

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(a)

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Prepaying the entire $400 civil filing and administrative fee required by

28 U.S.C. § 1914(a) in full; or

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(b)

Completing and filing a Motion to Proceed IFP with an affidavit that

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includes a statement of all Plaintiff’s assets as required by 28 U.S.C. § 1915(a)(1)

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and S.D. Cal. CivLR 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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3:20-cv-2402-JLS-BLM

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If Plaintiff fails to comply with these instructions within 30 days, this action will

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remain dismissed without prejudice based on his failure to satisfy 28 U.S.C. § 1914(a)’s

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fee requirements and without further Order of the Court.

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IT IS SO ORDERED.
Dated: January 6, 2021

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3:20-cv-2402-JLS-BLM