United States District Court, S.D. California
ORDER: 1) DENYING MOTION TO PROCEED IN FORMA PAUPERIS
[ECF NO. 3] AND (2) DISMISSING CIVIL ACTION FOR FAILURE TO
STATE A CLAIM PURSUANT TO 28 U.S.C. §
LARRY ALAN BURNS CHIEF UNITED STATES DISTRICT JUDGE
Richard (“Plaintiff”), currently incarcerated at
the California Health Care Facility (“CHCF”)
located in Stockton, California, and proceeding pro se, has
filed a civil rights complaint pursuant to 42 U.S.C. §
1993 (ECF No. 1). While Plaintiff was housed at CHCF at the
time he filed this action, the named Defendants are prison
officials at the Richard J. Donovan Correctional Facility
(“RJD”). (See Compl. at 1-2.)
has not prepaid the civil filing fee required by 28 U.S.C.
§ 1914(a); instead, he has filed a Motion to Proceed
In Forma Pauperis (“IFP”) pursuant to 28
U.S.C. § 1915(a) (ECF No. 3).
Request to Proceed In Forma Pauperis
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
$400. See 28 U.S.C. § 1914(a). The
action may proceed despite a plaintiff's failure to
prepay the entire fee only if he is granted leave to proceed
IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v.
Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007);
Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir.
1999). However, a prisoner granted leave to proceed IFP
remains obligated to pay the entire fee in
“increments” or “installments, ”
Bruce v. Samuels, __ U.S. __, 136 S.Ct. 627, 629
(2016); Williams v. Paramo, 775 F.3d 1182, 1185 (9th
Cir. 2015), and regardless of whether his action is
ultimately dismissed. See 28 U.S.C. §
1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d
844, 847 (9th Cir. 2002).
1915(a)(2) requires prisoners seeking leave to proceed IFP to
submit a “certified copy of the trust fund account
statement (or institutional equivalent) for ... the 6-month
period immediately preceding the filing of the
complaint.” 28 U.S.C. § 1915(a)(2); Andrews v.
King, 398 F.3d 1113, 1119 (9th Cir. 2005). From the
certified trust account statement, the Court assesses an
initial payment of 20% of (a) the average monthly deposits in
the account for the past six months, or (b) the average
monthly balance in the account for the past six months,
whichever is greater, unless the prisoner has no assets.
See 28 U.S.C. § 1915(b)(1); 28 U.S.C. §
1915(b)(4). The institution having custody of the prisoner
then collects subsequent payments, assessed at 20% of the
preceding month's income, in any month in which his
account exceeds $10, and forwards those payments to the Court
until the entire filing fee is paid. See 28 U.S.C.
§ 1915(b)(2); Bruce, 136 S.Ct. at 629.
support of his request to proceed IFP, Plaintiff has
submitted a prison certificate authorized by a CHCF
accounting official and a copy of his CDCR Inmate Statement
Report. See ECF No. 3; 28 U.S.C. § 1915(a)(2);
S.D. Cal. CivLR 3.2; Andrews, 398 F.3d at 1119.
These documents show that Plaintiff carried an average
monthly balance of $1459.60 and average monthly deposits of
$688.84. See ECF No. 2 at 2. The current balance in
Plaintiff's trust account is $4038.90. Id. at 4.
matter, Plaintiff has not shown the indigence required to
proceed IFP. Therefore, because Plaintiff has shown that he
is able to pay the filing fee in total, Plaintiff's
Motion to Proceed IFP is DENIED.
Screening of Complaint pursuant to 28 U.S.C. §
Plaintiff has been denied leave to commence this civil action
without prepayment of the $400 civil filing fee required by
28 U.S.C. § 1914(a), and his case requires dismissal for
that reason alone, the Court also elects to conduct a sua
sponte review of Plaintiff's pleading because he was
“incarcerated or detained in any facility [and] is
accused of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms or conditions of
parole, probation, pretrial release, or diversionary
program” at the time he filed this action. See
28 U.S.C. § 1915A(a), (c).
1915A, also enacted as part of PLRA, requires sua sponte
dismissal of prisoner complaints, or any portions thereof,
which are frivolous, malicious, or fail to state a claim upon
which relief may be granted. 28 U.S.C. § 1915A(b);
Coleman v. Tollefson, 135 S.Ct. 1759, 1764 (2015);
Resnick v. Hayes, 213 F.3d 443, 446-47 (9th Cir.
2000). “The purpose of § 1915A is to ‘ensure
that the targets of frivolous or malicious suits need not
bear the expense of responding.'” Nordstrom v.
Ryan, 762 F.3d 903, 920 n.1 (9th Cir. 2014) (citations
November 20, 2018, Plaintiff was “transferred” in
a “single van transportation from California Medical
Facility (“CMF”)” to RJD. (Compl. at 3.)
While Plaintiff was in the van, he used a “handheld
urinal” and when the van “hit a pot hole, ”
it caused Plaintiff's “urine to spill in [his] lap
and all over [his] underwear/underclothes.”
Plaintiff arrived at RJD, he was “informed that [he]
had been transferred to the wrong prison” and was
“immediately placed” in Administrative
Segregation (“Ad-Seg”). (Id.) Plaintiff
“immediately informed” Defendant Galbraith of his
“incident in the van.” (Id.) He further
informed Galbraith that he “needed clean
underwear/underclothes and a shower.” (Id.)
Galbraith told Plaintiff he would “comply with [his]
request but never did.” (Id.) Plaintiff asked
Galbraith again for “clean clothing ...