Bonilla v. Imperial, San Diego, and Alameda County Superior Courts

1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA Steven Wayne BONILLA, Case No.: 23-cv-2273-AGS-BGS ORDER DISMISSING ACTION Plaintiff, 6 FOR FAILURE TO PAY v. FILING FEE

IMPERIAL, SAN DIEGO, AND ALAMEDA COUNTY SUPERIOR COURTS, Defendants.

12 Plaintiff Steven Bonilla is a state prisoner representing himself in this civil-rights action under 42 U.S.C. § 1983. (See ECF 1.) Because he has not paid the required filing fees or moved to proceed without prepaying them, this case must be dismissed.

15 All parties instituting a civil action in U.S. district court must generally prepay filing fees. See 28 U.S.C. § 1914(a). In non-habeas cases, the total fee is $405, consisting of a $350 statutory fee and a $55 administrative fee. See id.; Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (effective Dec. 1, 2023). If a plaintiff is granted leave to proceed in forma pauperis, however, the administrative fee is waived and the case may proceed “without prepayment of [statutory] fees.” 28 U.S.C. § 1915(a); see Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). Yet a prisoner granted IFP status remains obligated to pay the statutory filing fee in “increments.” See Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015); 28 U.S.C. § 1915(b)(1) & (2).

24 Bonilla has not prepaid the $405 in required fees, nor has he moved to proceed IFP.

25 Therefore, his case cannot proceed. See 28 U.S.C. § 1914(a); Andrews, 493 F.3d at 1051.

26 Accordingly, this action is DISMISSED without prejudice. By February 23, 2024, Bonilla may either (a) prepay the entire $405 filing and administrative fee in full; or (b) file a motion to proceed IFP that includes a certified copy of his trust account statement for the || six-month period preceding the filing of his complaint. See 28 U.S.C. § 1915(a)(2); CivLR |}3.2(b).

3 The Clerk of Court is directed to close this case. The Clerk must send Bonilla a copy 4 this order along with this Court’s approved form “Motion and Declaration in Support of || Motion to Proceed In Forma Pauperis.” If Bonilla pays the fees or files a motion to proceed || IFP by the deadline, the Clerk will reopen the case. If Bonilla has done neither by the || deadline, the Clerk will issue a judgment by March 8, 2024.

8 Bonilla is cautioned that if he chooses to proceed, his complaint will be screened ||before service. See 28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e)(2)(B). Regardless of || whether he pays the fee or is granted IFP status, the case may be subject to post-screening ||dismissal. See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (discussing IFP ||screening); Rhodes v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010) (discussing screening || of all prisoner complaints “seeking redress from a governmental entity’’).

14 ||Dated: January 9, 2024 15 = | f 16 Andrew G. Schopler United States District Judge 2 oe