# Brashear

> District Court, S.D. California · April 9, 2026

URL: https://www.frixlaw.com/law-library/cases/11369043

## Case

- **Full name:** Faith Lynn Brashear v. California Unemployment Insurance Appeals Board, et al.
- **Court:** District Court, S.D. California
- **Decided:** April 9, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 FAITH LYNN BRASHEAR, Case No.: 26-cv-1726-RSH-DEB

12 Plaintiff,
ORDER DISMISSING CIVIL
13 v. ACTION WITHOUT PREJUDICE
FOR FAILING TO PAY FILING FEE
14 CALIFORNIA UNEMPLOYMENT
REQUIRED BY 28 U.S.C. § 1914(a)
INSURANCE APPEALS BOARD, et al.,
15 OR FAILING TO MOVE TO
Defendants. PROCEED IN FORMA PAUPERIS
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PURSUANT TO 28 U.S.C. § 1915(a)
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20 On March 18, 2026, plaintiff Faith Lynn Brashear, proceeding pro se, initiated this
21 civil action. ECF No. 1.
22 All parties instituting any civil action, suit or proceeding in a district court of the
23 United States, except an application for writ of habeas corpus, must pay a filing fee of
24 $405, consisting of a $350 statutory fee plus an additional administrative fee of $55. See
25 28 U.S.C. § 1914(a); Judicial Conference Schedule of Fees, District Court Misc. Fee
26 Schedule, § 14 (eff. Dec. 1, 2023)). An action may proceed despite a plaintiff’s failure to
27 prepay the entire fee only if she is granted leave to proceed IFP pursuant to 28 U.S.C. §
28 1915(a). See Escobedo v. Applebees, 787 F.3d 1226, 1232 (9th Cir. 2015) (“Section
1 || 1915(a)(1) allows federal courts to authorize commencement of a suit ‘without prepayment
2 || of fees or security therefor, by a person who submits an affidavit’ demonstrating ‘that the
3 ||person is unable to pay such fees or give security therefor.’”) (quoting 28 U.S. Code §
4 111915(a)(1)); see Hymas vy. United States DOI, 73 F Ath 763, 766 n.3 (9th Cir. 2023)
5 1915(a)(1) applies to all persons notwithstanding its ‘prisoner possesses’ language.’’)
6 ||(internal quotation marks omitted). Here, Plaintiff has neither prepaid the $405 in filing
7 administrative fees required to commence this civil action nor submitted a motion to
8 || proceed IFP pursuant to 28 U.S.C. § 1915(a).
9 For these reasons, the Court:
10 l. DISMISSES this action WITHOUT PREJUDICE for Plaintiff's failure to
11 pay the $405 civil filing and administrative fee as required by 28 U.S.C. §
12 1914(a) or failure to move to proceed IFP pursuant to 28 U.S.C. § 1915(a).
13 2. GRANTS Plaintiff thirty (30) days leave from the date of this Order to
14 re-open the case by: (a) paying the $405 civil filing and administrative fee
15 required by 28 U.S.C. § 1914(a) in full; or (b) completing and submitting a
16 properly supported motion to proceed IFP. The Clerk of Court is DIRECTED
17 to send, along with this Order, a copy of AO 239 (Rev. 01/15) Application to
18 Proceed in District Court Without Prepaying Fees or Costs (Long Form).
19 If Plaintiff has done neither by the deadline, this civil action will remain dismissed
20 || without prejudice pursuant to 28 U.S.C. § 1914(a) without further Order of the Court.
21 IT IS SO ORDERED.
22 || Dated: April 9, 2026 ‘
53 fekut ¢ Howe
Hon. Robert S. Huie
United States District Judge
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11369043. Public record. Not legal advice.