1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CEDRICK D. JONES, Case No.: 3:21-cv-00073-DMS-KSC Booking # 20940268, 12 ORDER DISMISSING CIVIL Plaintiff, 13 ACTION WITHOUT PREJUDICE vs. FOR FAILING TO PAY 14 FILING FEE REQUIRED

15 BY

(a) AND/OR SAN DIEGO POLICE, et al., FAILING TO MOVE TO PROCEED 16 Defendants. IN FORMA PAUPERIS 17 PURSUANT TO

(a) 18

19 20 21 Plaintiff Cedrick D. Jones (“Plaintiff”), currently detained at the George F. Bailey 22 Detention Facility, is proceeding pro se in this civil rights action pursuant to 42 U.S.C. 23 Section 1983. (See ECF No. 1, Compl.) 24 I. Failure to Pay Filing Fee or Request In Forma Pauperis (“IFP”) Status 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 27 /// 28 /// 1 $402. See

(a). An action may proceed despite a plaintiff’s failure to 2 prepay the entire fee only if he is granted leave to proceed in forma pauperis (“IFP”) 3 pursuant to

(a). See Andrews v. Cervantes,

, 1051 4 (9th Cir. 2007); Rodriguez v. Cook,

(9th Cir. 1999). However, if the 5 Plaintiff is a prisoner, and even if he is granted leave to commence his suit IFP, he 6 remains obligated to pay the entire filing fee in “increments,” see Williams v. Paramo, 7

(9th Cir. 2015), regardless of whether his case is ultimately 8 dismissed. See

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

, 847 9 (9th Cir. 2002). 10 Plaintiff has not prepaid the $402 in filing and administrative fees required to 11 commence this civil action. Although Plaintiff has filed a Motion for Leave to Proceed 12 IFP, (see ECF No. 2), he has not attached “a certified copy of the trust account statement 13 (or institutional equivalent) for [Plaintiff] for the 6-month period immediately preceding 14 the filing of the complaint . . . obtained from the appropriate official of each prison at 15 which the prisoner is or was confined” as required by

(a)(2). The 16 trust account statements attached to Plaintiff’s Motion to Proceed IFP and prison 17 certificate are not signed by an official at George Bailey Detention Facility. (See ECF 18 No. 2, at 4-5.) Without the certified trust account statements, the Court cannot determine 19 whether Plaintiff is entitled to proceed IFP or assess what, if any, initial partial filing fee 20 may be due. See

(a), (b)(1). As a result, Plaintiff’s case cannot yet 21 proceed. See

(a); Andrews,

. 22 \\\ 23 \\\ 24 25 26 1 In addition to the $350 statutory fee, civil litigants must pay an additionaladministrative 27 fee of $52. See

(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020)). The additional $52 administrative 28 1 II. Conclusion and Order 2 For the reasons set forth above, the Court hereby: 3 (1) DISMISSES this action sua sponte without prejudice for failure to pay the 4 $402 civil filing and administrative fee or to submit a properly supported Motion to 5 Proceed IFP pursuant to

(a) and Section 1915(a); and 6 (2) GRANTS Plaintiff forty-five (45) days leave from the date this Order is 7 filed to: (a) prepay the entire $402 civil filing and administrative fee in full; or (b) 8 complete and file a properly supported Motion to Proceed IFP. See 28 U.S.C. 9 § 1915(a)(2); S.D. Cal. Civ. L.R. 3.2(b). 10 IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff 11 with this Court’s approved form “Motion and Declaration in Support of Motion to 12 Proceed In Forma Pauperis.” If Plaintiff fails to either prepay the $402 civil filing fee or 13 complete and submit a properly supported Motion to Proceed IFP within 45 days, this 14 action will remain dismissed without prejudice based on Plaintiff’s failure to satisfy the 15 fee requirements of

(a) and without further Order of the Court. 16 IT IS SO ORDERED. 17 Dated: 1/28/2021 18 Hon. Dana M. Sabraw Chief United States District Judge 19 20 21 22 23 24 25 26 27 28