United States District Court, S.D. California
ERICA D. HAYWOOD, Booking No. 19750859. Plaintiff,
SAN DIEGO SHERIFF; DEPUTY PONCE; DEPUTY STORRS; DEPUTY ABAS; MENTAL HEALTH DOCTORS; SAN DIEGO COUNTY PUBLIC DEFENDERS, Defendants.
ORDER DISMISSING CIVIL ACTION FOR FAILING TO PREPAY
FILING FEES REQUIRED BY 28 U.S.C. § 1914(A) OR FILE A
MOTION TO PROCEED IN FORMA PAUPERIS
MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE
Erica D. Haywood, currently housed at the Los Colinas
Detention Facility (“LCDF”) located in Santee,
California and proceeding pro se, has filed this civil rights
action (“Compl.”) pursuant to 42 U.S.C. §
1983. See Doc. No. 1. Plaintiff did not prepay the
civil filing fee required by 28 U.S.C. § 1914(a) at the
time she submitted her Complaint, nor has she 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 she 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).
is further cautioned that she even if she files an
IFP Motion and affidavit in compliance with §
1915(a)(2), she 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 her case is ultimately dismissed. See 28
U.S.C. § 1915(b)(1) & (2); Taylor v.
Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). A
“prisoner” is defined as “any person”
who at the time of filing is “incarcerated or detained
in any facility who is accused of, convicted of, sentenced
for, or adjudicated delinquent for, violations of criminal
law or the terms or conditions of parole, probation, pretrial
release, or diversionary program.” 28 U.S.C. §
1915(h); Taylor, 281 F.3d at 847.
must also submit a “certified copy of [her] 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). From 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 she 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 her 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), her case cannot yet proceed.
See 28 U.S.C. § 1914(a); Andrews , 493
F.3d at 1051.
Conclusion and Order
(1) DISMISSES this civil action without
prejudice based on Plaintiffs 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 her failure to satisfy 28 U.S.C. §
1914(a)'s fee requirement and without further Order of