Opinion

Brown v. Gore

Court
District Court, S.D. California
Filed
Mar 23, 2022
Cited by
0 cases
Authority
More cited than 19.2%

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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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