The opinion
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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 DOUGLAS WAYNE BROWN, Case No.: 22-cv-348-MMA (WVG)
Booking No. 21148122,
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ORDER DENYING MOTION TO
Plaintiff,
13 PROCEED IN FORMA PAUPERIS
v. AND DISMISSING CIVIL ACTION
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WITHOUT PREJUDICE FOR
WILLIAM D. GORE. San Diego County
15 FAILURE TO PREPAY FILING FEES
Sheriff,
16 Defendant.
[Doc. No. 2]
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19 Plaintiff Douglas Wayne Brown, currently housed at the South Bay Detention
20 Facility located in Chula Vista, California, and proceeding pro se, has filed a civil rights
21 complaint pursuant to 42 U.S.C. § 1983. Doc. No. 1 (“Compl.”). Plaintiff did not pay
22 the filing fee required by 28 U.S.C. § 1914(a) to commence a civil action; instead, he
23 filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a).
24 Doc. No. 2.
25 All parties instituting any civil action, suit or proceeding in a district court of the
26 United States, except an application for writ of habeas corpus, must pay a filing fee of
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1 $402. See 28 U.S.C. § 1914(a). The action may proceed despite a plaintiff’s failure to
2 prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C.
3 § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez
4 v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, a prisoner granted leave to
5 proceed IFP remains obligated to pay the entire fee in “increments” or “installments,”
6 Bruce v. Samuels, 577 U.S. 82, 83–84 (2016); Williams v. Paramo, 775 F.3d 1182, 1185
7 (9th Cir. 2015), and regardless of whether his action is ultimately dismissed. See 28
8 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002).
9 Section 1915(a)(2) requires prisoners seeking leave to proceed IFP to submit a
10 “certified copy of the trust fund account statement (or institutional equivalent) for . . . the
11 6-month period immediately preceding the filing of the complaint.” 28 U.S.C.
12 § 1915(a)(2); Andrews v. King, 398 F.3d 1113, 1119 (9th Cir. 2005). From the certified
13 trust account statement, the Court assesses an initial payment of 20% of (a) the average
14 monthly deposits in the account for the past six months, or (b) the average monthly
15 balance in the account for the past six months, whichever is greater, unless the prisoner
16 has no assets. See 28 U.S.C. § 1915(b)(1); 28 U.S.C. § 1915(b)(4). The institution
17 having custody of the prisoner then collects subsequent payments, assessed at 20% of the
18 preceding month’s income, in any month in which his account exceeds $10, and forwards
19 those payments to the Court until the entire filing fee is paid. See 28 U.S.C.
20 § 1915(b)(2); Bruce, 577 U.S. at 84‒85.
21 While Plaintiff seeks leave to proceed IFP, he has not attached a certified copy of
22 his Inmate Statement Report for the 6-month period immediately preceding the filing of
23 his Complaint. See 28 U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2. Section 1915(a)(2)
24 clearly requires that prisoners “seeking to bring a civil action . . . without prepayment of
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1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $52.
27 See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule,
§ 14) (eff. Dec. 1, 2020). The additional $52 administrative fee does not apply to persons granted leave
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1 || fees ... shall submit a certified copy of the trust fund account statement (or institutional
2 ||equivalent) ... for the 6-month period immediately preceding the filing of the
3 complaint.” 28 U.S.C. § 1915(a)(2) (emphasis added). Without these certified trust
4 account statements, the Court is unable to assess the appropriate amount of the initial
5 || filing fee which may be statutorily required to initiate the prosecution of this case. See 28
6 |/U.S.C. § 1915(b)(1).
7 CONCLUSION
8 For this reason, the Court DENIES Plaintiff's Motion to Proceed IFP and
9 || DISMISSES this action without prejudice for failure to prepay the $402 civil filing fee
10 required by 28 U.S.C. §§ 1914(a). The Court GRANTS Plaintiff forty-five (45) days
11 || from the date this Order in which to re-open his case by either: (a) prepaying the entire
12 civil filing and administrative fee in one lump-sum; or (b) filing a renewed Motion
13 ||to Proceed IFP, which includes a prison certificate, signed by a trust accounting
14 || official attesting as to his trust account balances and deposits and/or a certified copy
15 || of his Inmate Statement Report for the 6-month period preceding the filing of his
16 ||Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. Cal. CivLR 3.2(b).
17 The Court DIRECTS the Clerk of the Court to provide Plaintiff with a Court-
18 || approved form “Motion and Declaration in Support of Motion to Proceed In Forma
19 || Pauperis” for his use and convenience.
20 IT IS SO ORDERED.
21 Dated: March 23, 2022
22 BWMiiduh UM -/ hipltr
23 HON. MICHAEL M. ANELLO
24 United States District Judge
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