The opinion
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7 UNITED STATES DISTRICT COURT
8 SOUTHERN DISTRICT OF CALIFORNIA
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10 ERICA DAWN HAYWOOD, Case No.: 3:20-cv-0466-LAB-RBB
Inmate Booking No. 19750859,
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ORDER DENYING MOTION TO
Plaintiff,
12 PROCEED IN FORMA PAUPERIS
vs. PURSUANT TO 28 U.S.C. § 1915(a)
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AND DISMISSING CIVIL ACTION
SAN DIEGO COUNTY SHERIFF;
14 WITHOUT PREJUDICE FOR
JAIL DOCTORS; STATE BOARD OF
FAILING TO PREPAY FILING
15 COMMUNITY CORRECTIONS,
FEES REQUIRED BY
16 Defendant. 28 U.S.C. § 1914(a)
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[ECF No. 11]
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20 Erica Dawn Haywood (“Plaintiff”), currently housed at the Las Colinas Detention
21 and Reentry Facility located in Santee, California, and proceeding pro se, initially filed a
22 Complaint pursuant to the Civil Rights Act, 42 U.S.C. § 1983 in the Northern District of
23 California. (See Compl., ECF No. 1.) On March 11, 2020, United States Magistrate
24 Judge Joseph Spero determined that Plaintiff’s claims arose from events that occurred in
25 San Diego and transferred the matter to this Court. (ECF No. 5.)
26 She did not prepay the civil filing fee required by 28 U.S.C. § 1914(a) at the time
27 she submitted her Complaint, but instead she filed Motion to Proceed In Forma Pauperis
28 (“IFP”) pursuant to 28 U.S.C. § 1915(a). (See ECF No. 2.)
1 However, Plaintiff failed to provide certified copy of her Inmate Trust Account
2 Statement Report for the 6-month period immediately preceding the filing of her
3 Complaint as required by 28 U.S.C. § 1915(a)(2). Thus, the Court DENIED her Motion
4 to Proceed IFP and granted her leave to file a renewed Motion to Proceed IFP, “together
5 with a certified copy of her 6-month Inmate Trust Account Statement Report” within 45
6 days from the date the Order was filed. (See March 8, 2020 Order, ECF No. 8 at 3)
7 (emphasis in original.)
8 On April 23, 2020, Plaintiff filed her renewed Motion to Proceed but again failed
9 to provide a certified copy of her Inmate trust Account Statement. (See ECF No. 11.)
10 I. Motion to Proceed IFP
11 All parties instituting any civil action, suit or proceeding in a district court of the
12 United States, except an application for writ of habeas corpus, must pay a filing fee of
13 $400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure to
14 prepay the entire fee only if she is granted leave to proceed IFP pursuant to 28 U.S.C.
15 § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if the
16 plaintiff is a prisoner at the time of filing, she may be granted leave to proceed IFP, but
17 he nevertheless remains obligated to pay the entire fee in “increments,” see Williams v.
18 Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), regardless of whether his case is ultimately
19 dismissed. See 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th
20 Cir. 2002). A “prisoner” is defined as “any person” who at the time of filing is
21 “incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or
22 adjudicated delinquent for, violations of criminal law or the terms or conditions of parole,
23 probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h).
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1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative
27 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
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1 Prisoners seeking leave to proceed IFP must also submit a “certified copy of the[ir]
2 trust fund account statement (or institutional equivalent) . . . for the 6-month period
3 immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2). From the
4 certified trust account statement, the Court must assess an initial payment of 20% of (a)
5 the average monthly deposits in the account for the past six months, or (b) the average
6 monthly balance in the account for the past six months, whichever is greater, unless the
7 prisoner has no assets. See 28 U.S.C. § 1915(b)(1), (4); Taylor, 281 F.3d at 850. After,
8 the Court orders the institution having custody of the prisoner to collect subsequent
9 payments, assessed at 20% of the preceding month’s income, in any month in which his
10 account exceeds $10, and forward them to the Court until the entire filing fee is paid. See
11 28 U.S.C. § 1915(b)(2).
12 While Plaintiff has filed a Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a),
13 she again has failed to attach a certified copy of her Inmate Trust Account Statement
14 Report for the 6-month period immediately preceding the filing of her Complaint. See 28
15 U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2. Section 1915(a)(2) clearly requires that
16 prisoners “seeking to bring a civil action . . . without prepayment of fees . . . shall submit
17 a certified copy of the trust fund account statement (or institutional equivalent) . . . for the
18 6-month period immediately preceding the filing of the complaint.” 28 U.S.C.
19 § 1915(a)(2) (emphasis added).
20 Without her certified trust account statements, the Court is unable to assess the
21 appropriate amount of the initial filing fee which is statutorily required to initiate the
22 prosecution of this action. See 28 U.S.C. § 1915(b)(1).
23 II. Conclusion and Order
24 For this reason, IT IS ORDERED that:
25 (1) Plaintiff’s Motion to Proceed IFP (ECF No. 11) is DENIED and the action
26 is DISMISSED without prejudice based on her failure to prepay the $400 filing fee
27 required by 28 U.S.C. § 1914(a).
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1 (2) Plaintiff is GRANTED forty-five (45) days from the date of this Order in
2 || which to re-open her case by either: (1) paying the entire $400 statutory and
3 || administrative filing fee in one lump-sum, or (2) filing a renewed Motion to Proceed IFP,
4 || which includes a completed prison certificate and/or a certified copy of her Inmate Trust
5 || Account Statement Report for the 6-month period preceding the filing of her Complaint
6 || pursuant to 28 U.S.C. § 1915(a)(2) and S.D. Cal. CivLR 3.2(b).
7 (3) The Clerk of the Court is DIRECTED to provide Plaintiff with a Court-
8 || approved form “Motion and Declaration in Support of Motion to Proceed IFP” for her
9 and convenience. But if Plaintiff neither pays the $400 filing fee in full, nor
10 || sufficiently completes and files a renewed Motion to Proceed IFP, together with a
11 || certified copy of her 6-month Inmate Trust Account Statement Report within 45 days, this
12 will remain dismissed without prejudice pursuant to 28 U.S.C. § 1914(a), and
13 |} without any further Order of the Court.
14 IT IS SO ORDERED.
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16 || Dated: May 5, 2020 (tm / A. (Boy WV
17 Hon. Larry Alan Burns, Chief Judge
18 United States District Court
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