1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 IRVIN MUSGROVE, Case No.: 20cv655-JAH (LL)

12 Plaintiff, ORDER: 13 v. (1) DISMISSING CIVIL ACTION 14 MARGERY PIERCE; KEYSA WITHOUT PREJUDICE FOR MACHADO; OCEANSIDE HOUSING 15 FAILING TO PAY FILING FEE AUTHORITY, REQUIRED BY

(a) 16 Defendants. AND/OR FAILING TO MOVE TO 17 PROCEED IN FORMA PAUPERIS PURSUANT TO

(a); 18

19 (2) DISMISSING AS MOOT PLAINTIFF’S MOTION TO 20 ELECTRONICALLY FILE (Doc. No. 21 2) 22 Irvin Musgrove (“Plaintiff”), proceeding pro se, has filed a civil action. See Doc. 23 No. 1. 24 I. Failure to Pay Filing Fee or Request IFP Status 25 All parties instituting any civil action, suit or proceeding in any district court of the 26 United States, except an application for writ of habeas corpus, must pay a filing fee of 27 28 1 || $400'. See

(a). An action may proceed despite a party’s failure to pay this 2 || filing fee only if the party is granted leave to proceed in forma pauperis (“IFP’’) pursuant 3

(a). See Andrews v. Cervantes,

(9th Cir. 2007); 4 || Rodriguez v. Cook,

(9th Cir. 1999). 5 Plaintiff has not prepaid the $400 filing fee required to commence a civil action, nor 6 he submitted a Motion to Proceed IFP pursuant to

(a). Therefore, the 7 || action cannot yet proceed.

8 Conclusion and Order 9 For the reasons set forth above, the Court hereby: 10 (1) DISMISSES this action sua sponte without prejudice for failing to pay the $400 11 filing fee or file a Motion to Proceed IFP pursuant to

(a) and 12 1915(a); 13 (2) GRANTS Plaintiff thirty (30) days leave from the date this Order is filed 14 to: (a) prepay the entire $400 civil filing fee in full; or (b) complete and file a Motion 15 to Proceed IFP. See

(a)(2); S.D. CAL. CIV. LR 3.2(b). 16 (3) DISMISSES as moot Plaintiffs motion for leave to electronically file. See Doc. 17 No. 2. 18 IT IS SO ORDERED. 19 20 || DATED: April 29, 2020 21 VU 22 JOWN A. HOUSTON” 73 United States District Judge 24 20 26 ||! In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $50. See

(a) Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 27 || (eff. Dec. 1, 2016). The additional $50 administrative fee does not apply to persons granted leave to || proceed IFP. Id.