Dr. Mickey Socrates Ferdynand v. USA Department of Justice

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

MICKEY SOCRATES FERDYNAND, Case No.: 3:21-cv-0208-GPC-JLB Plaintiff,

ORDER REGARDING FAILURE TO v. PAY FILING FEE OR FILE

MOTION TO PROCEED IN FORMA USA DEPARTMENT OF STATE AND

PAUPERIS

USA DEPARTMENT OF JUSTICE,

Defendant.

Plaintiff filed this case on February 3, 2021. ECF No. 1. No filing fee has been paid with respect to this case, and Plaintiff has not filed a motion for leave to proceed in forma pauperis (“IFP”).

All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $402. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure to prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. § 24

In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $52. 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 to 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). A Court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all of his or her assets, showing that he or she is unable to pay the fees. See 5 U.S.C. § 1915(a). Such an affidavit must include a complete statement of the plaintiff’s assets. See id.; Civ. L.R. 3.2(a).

Plaintiff has not prepaid the $402 in filing and administrative fees required to commence this civil action, nor has he filed a properly supported Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28 U.S.C. § 10 || 1914(a); Andrews, 493 F.3d at 1051.

Accordingly, the Court: (1) DISMISSES this action sua sponte without prejudice for failure to pay the $402 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to 28 U.S.C. § 1914(a) and 1915(a); and (2) GRANTS Plaintiff thirty (30) days leave from the date this Order is filed to either: (a) prepay the entire $402 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP which includes a complete statement of his assets. See Civ. L.R. 3.2(a).

The Court further DIRECTS the Clerk of the Court to provide Plaintiff with the Court’s approved form “Motion and Declaration in Support of Motion to Proceed Jn Forma Pauperis.” If Plaintiff fails to either prepay the $402 civil filing fee or complete submit the enclosed Motion to Proceed IFP within 30 days, this action will remain dismissed without prejudice based on Plaintiffs failure to satisfy 28 U.S.C. § 1914(a)’s fee requirements.

IT IS SO ORDERED.

Dated: February 8, 2021 2

Hon. athe Cae

United States District Judge