1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 ERICA DAWN HAYWOOD, Case No.: 3:20-cv-0466-LAB-RBB Inmate Booking No. 19750859, 11 ORDER DENYING MOTION TO Plaintiff, 12 PROCEED IN FORMA PAUPERIS vs. PURSUANT TO

(a) 13 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.

(a)

17 [ECF No. 11] 18 19 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,

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

(a) at the time 27 she submitted her Complaint, but instead she filed Motion to Proceed In Forma Pauperis 28 (“IFP”) pursuant to

(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

(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

(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,

(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,

(9th Cir. 2015), regardless of whether his case is ultimately 19 dismissed. See

(b)(1) & (2); Taylor v. Delatoore,

(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.”

(h). 24 25 26 1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative 27 fee of $50. See

(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. June. 1, 2016). The additional $50 administrative fee does 28 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.”

(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

(b)(1), (4); Taylor,

. 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

(b)(2). 12 While Plaintiff has filed a Motion to Proceed IFP pursuant to

(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

(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

(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

(a). 28 / / / 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

(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

(a), and 13 |} without any further Order of the Court. 14 IT IS SO ORDERED. 15 16 || Dated: May 5, 2020 (tm / A. (Boy WV 17 Hon. Larry Alan Burns, Chief Judge 18 United States District Court 19 20 21 22 23 24 25 26 27 28 4