United States District Court, S.D. California
FREDDY ZAVALA ODANGA Booking No. 1811340006 Plaintiff,
SHERIFFS OF SAN DIEGO, Defendant.
ORDER DISMISSING CIVIL ACTION FOR FAILING TO PREPAY
FILING FEES REQUIRED BY 28 U.S.C. § 1914(a) OR MOVE TO
PROCEED IN FORMA PAUPERIS
Janis L. Sammartino United States District Judge.
Freddy Zavala Odanga, currently incarcerated at the West
Valley Detention Center located in Rancho Cucamonga,
California, and proceeding pro se, has filed this civil
action pursuant to the Civil Rights Act, 42 U.S.C. §
1983. See Compl., ECF No. 1. Plaintiff did not
prepay the civil filing fee required by 28 U.S.C. §
1914(a) at the time he submitted his Complaint, nor has he
filed a Motion to Proceed In Forma Pauperis
(“IFP”) pursuant to 28 U.S.C. §
Failure to Pay Filing Fee or Request IFP
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). An 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
Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
Section 1915(a)(2) requires all persons seeking to proceed
without full prepayment of fees to file an affidavit that
includes a statement of all assets possessed and demonstrates
an inability to pay. See Escobedo v. Applebees, 787
F.3d 1226, 1234 (9th Cir. 2015).
Plaintiff is a prisoner as defined by 28 U.S.C. §
1915(h), he is cautioned that he even if he files an
IFP Motion and affidavit in compliance with §
1915(a)(2), he will nevertheless remain obligated to pay the
entire fee in “increments, ” see Williams v.
Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), regardless
of whether his case is ultimately dismissed. See 28
U.S.C. § 1915(b)(1) & (2); Taylor v.
Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). Plaintiff
must also submit a “certified copy of [his] 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).
the certified trust account statement, the Court will assess
an initial payment of 20% of (a) the average monthly deposits
in Plaintiff's account for the past six months, or (b)
the average monthly balance in the account for the past six
months, whichever is greater, unless he has no assets.
See 28 U.S.C. § 1915(b)(1), (4);
Taylor, 281 F.3d at 850. After, the Court will
direct the institution having custody to collect subsequent
payments, assessed at 20% of the preceding month's
income, in any month in which his account exceeds $10, and
forward them to the Court until the entire filing fee is
paid. See 28 U.S.C. § 1915(b)(2).
Plaintiff has neither paid the filing fee required by 28
U.S.C. § 1914(a) to commence a civil action, nor filed a
properly supported Motion to Proceed IFP pursuant to
28 U.S.C. § 1915(a), his case cannot yet proceed.
See 28 U.S.C. § 1914(a); Andrews, 493
F.3d at 1051.
Conclusion and Order
(1) DISMISSES WITHOUT PREJUDICE this civil
action based on Plaintiff s 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).
(2) GRANTS Plaintiff forty-five (45) days
leave from 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
complies with 28 U.S.C. § 1915(a)(2) and S.D. Cal. CivLR
(3) DIRECTS the Clerk of the Court to
provide Plaintiff with the Court's approved form
“Motion and Declaration in Support of Motion to Proceed
In Forma Pauperis.” If Plaintiff fails to
either prepay the $400 civil filing fee or fully complete and
submit the enclosed Motion to Proceed IFP within 45
days, this action will remain dismissed without prejudice
based on his failure to satisfy 28 U.S.C. §
1914(a)'s fee requirement and without further Order of