1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 WAYNE E. JONES, Case No.: 3:23-cv-1794-CAB-DEB CDCR #BU-7712, 12 ORDER DISMISSING CIVIL Plaintiff, 13 ACTION WITHOUT PREJUDICE vs. FOR FAILING TO PAY 14 FILING FEE REQUIRED

15 BY

(a) AND/OR MONRO CAPITAL, INC.; FAILING TO MOVE TO PROCEED 16 99 CENT STORES, LLC; MONRO- IN FORMA PAUPERIS MISSION SQUARE, LLC; JOHN DOE; 17 PURSUANT TO SAN DIEGO COUNTY SHERIFF

(a) 18 DEP’T; OCEANSIDE POLICE DEP’T, 19 Defendants. 20 21 Plaintiff Wayne E. Jones, proceeding pro se and currently incarcerated at Richard J. 22 Donovan Correctional Facility (RJD”) has filed a civil rights complaint pursuant to 42

. (ECF No. 1.) 24 FAILURE TO PAY FILING FEE OR REQUEST 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 failure to pay the entire 2 fee only if the plaintiff is granted leave to proceed in forma pauperis (“IFP”) pursuant to 3

(a). See Andrews v. Cervantes,

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

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

(9th Cir. 7 2015), regardless of whether his case is ultimately dismissed. See

(b)(1) 8 & (2); Taylor v. Delatoore,

(9th Cir. 2002). 9 Jones has not paid the $402 in filing and administrative fees required to commence 10 a civil action in federal court, and has not requested leave to proceed IFP pursuant to 28

(a). Therefore, his case cannot yet proceed. See

(a); 12 Andrews,

. 13 CONCLUSION 14 Accordingly, the Court: (1) DISMISSES this civil action without prejudice based 15 on Plaintiff’s failure to pay the $402 civil filing and administrative fee or submit a Motion 16 to Proceed IFP pursuant to

(a) and § 1915(a); and (2) GRANTS Plaintiff 17 forty-five (45) days leave from the date this Order is filed to re-open the case by: (a) 18 paying the entire $402 civil filing and administrative fee in full; or (b) completing and 19 filing a Motion to Proceed IFP which includes a certified copy of his trust account 20 statement for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. 21 § 1915(a)(2). 22 In light of Jones’s incarceration, the Court further DIRECTS the Clerk of the Court 23 to provide him with its approved form “Motion and Declaration in Support of Motion to 24 25 26 1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative 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 fee does 28 1 Proceed In Forma Pauperis.” If Jones fails to either prepay the $402 civil filing fee or 2 ||complete and file the enclosed Motion to Proceed IFP with the Clerk within 45 days, 3 || however, his case will remain dismissed without prejudice pursuant to

(a) 4 || and without further Order of the Court. 5 IT IS SO ORDERED. 6 7 ||Dated: October 6, 2023 € ZL 8 Hon. Cathy Ann Bencivengo ? United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 oo