1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 VINCENT W. HARPER, Case No. 22-cv-1511-BAS-MSB

12 Petitioner, ORDER DENYING MOTION TO 13 v. PROCEED IN FORMA PAUPERIS PURSUANT TO

(a) 14 UNITED STATES MARSHAL SERVICE, AND DISMISSING ACTION 15 Respondent. WITHOUT PREJUDICE (ECF No. 2)

16 17 18

19 Before the Court is Petitioner’s Motion to Proceed In Forma Pauperis (IFP) pursuant 20 to

(a). (ECF No. 2.) Petitioner Vincent W. Harper, currently housed at 21 the Otay Mesa Detention Center in San Diego, California, and proceeding pro se, has filed 22 a Petition for Writ of Mandamus pursuant to

. (ECF No. 1.) Petitioner 23 did not pay the filing fee required by

(a) to commence a civil action but 24 has instead filed the present motion. (ECF No. 2.) For the reasons discussed below, the 25 Court DENIES Petitioner’s Motion to Proceed IFP and DISMISSES the action without 26 prejudice. 27 All parties instituting any civil action, suit, or proceeding in a district court of the 28 United States must pay a filing fee of $402, with the exception of a petition for a writ of 1 ||habeas corpus for which the filing fee is $5.00.! See

(a). The action may 2 || proceed despite a failure to prepay the entire fee only if the Court grands leave to proceed 3 || IFP pursuant to

(a). See Andrews v. Cervantes,

(9th 4 ||Cir. 2007) (

(a) allows the district court to waive the fee, for most 5 || individuals unable to afford it, by granting IFP status.”). 6 Section 1915(a)(2) requires prisoners seeking leave to proceed IFP to submit a 7 ““certified copy of the trust fund account statement (or institutional equivalent) □□□□□□ the 8 ||6-month period immediately preceding the filing of the complaint.” 28 U.S.C. 9 ||§ 1915(a)(2); Andrews v. King,

(9th Cir. 2005). In this instance, 10 || Petitioner has failed to submit the required prison certificate. 11 Accordingly, Petitioner’s Motion to Proceed IFP (ECF No. 2) is DENIED, and this 12 |/action is DISMISSED without prejudice for failure to satisfy the filing fee requirement. 13 || To proceed with this action, Petitioner must, on or before November 22, 2022, □□□□□□□ (1) 14 || prepay the entire filing fee in full or (2) complete and file a Motion to Proceed in Forma 15 || Pauperis which complies with

(a)(2) and S.D. Cal. CivLR 3.2(b). The 16 ||Clerk of the Court will provide Petitioner with this Court’s approved form “Motion and 17 Declaration in Support of Motion to Proceed in Forma Pauperis” which includes the 18 required prison certificate. In the event Petitioner fails to timely prepay the civil filing fee 19 ||or timely complete and submit the enclosed Motion to Proceed in Forma Pauperis, the 20 || Court will enter a final judgment of dismissal. 21 IT IS SO ORDERED. 22 . ZF 23 || Dated: October 11, 2022 (yaa 24 Honorable Cynthia Bashant 25 United States District Judge 2oi}o020tti<“i‘< OO! 27 ||' In addition to the $350 statutory fee, civil litigants, other than those granted leave to 28 proceed IFP, must also pay an administrative fee of $52. See

(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2020)).