1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BRIAN LEE FREEMAN, Case No.: 3:23-cv-02371-RBM-DEB

12 Plaintiff, ORDER DISMISSING CIVIL 13 vs. ACTION WITHOUT PREJUDICE FOR FAILING TO PAY 14 FILING FEE OR MOVE TO J. DEBUG, et al. 15 PROCEED IN FORMA PAUPERIS Defendants. 16 17 18 19 Plaintiff Brian Lee Freeman has filed a Complaint against the City of Hisperia, 20 Hisperia Police Department, San Bernadino County, San Bernadino County Sheriff’s 21 Department, and eight deputies in the San Bernadino County Sheriff’s Department.1 (Doc. 22 1.) 23 24

25 26 1 While the Court is dismissing the case for failing to pay the $ 405 filing fee, the Court also notes that venue seems to be improper in this District. Plaintiff’s claims appear to be 27 based on events that occurred in San Bernadino County. San Bernadino County is in the 28 Central District of California, Eastern Division. 28 U.S.C § 84(c)(1). 1 I. FAILURE TO PAY FILING FEE OR MOVE TO PROCEED IFP 2 All parties instituting any civil action, suit or proceeding in a district court of the 3 United States, except an application for writ of habeas corpus, must pay a filing fee of 4 $405. See

An action may proceed despite a failure to pay the entire 5 fee only if the plaintiff is granted leave to proceed in forma pauperis (“IFP”) pursuant to 6

(a). See Andrews v. Cervantes,

(9th Cir. 2007). 7 Section 1915 requires all persons seeking to proceed without full prepayment of fees to 8 submit an affidavit that includes a statement of all assets possessed and which demonstrates 9 an inability to pay. See Escobedo v. Applebees,

(9th Cir. 2015). 10 Plaintiff has not paid the $405 in filing and administrative fees required to commence 11 a civil action in federal court. Nor has Plaintiff submitted a properly supported IFP motion. 12 Therefore, this case cannot proceed. 13 II. CONCLUSION 14 Accordingly, the Court DISMISSES this civil action without prejudice based on 15 Plaintiff’s failure to pay the $405 civil filing and administrative fee or submit a motion to 16 proceed IFP. 17 Plaintiff is GRANTED leave to re-open the case by: (a) paying the entire $405 civil 18 filing and administrative fee in full; or (b) completing and filing a motion to proceed IFP 19 with an affidavit that includes a statement of Plaintiff’s assets as required by 28 U.S.C. 20 § 1915(a) and the Southern District of California Civil Local Rule 3.2(b). 21 /// 22 /// 23 /// 24

25 26 2 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $55. See

(a) (Judicial Conference Schedule of Fees, District Court 27 Misc. Fee Schedule, ¶ 14 (eff. Dec. 1, 2023)). The additional $55 administrative fee does 28 not apply to persons granted leave to proceed IFP.

1 If Plaintiff fails to either pay the $405 civil filing fee or file a motion to proceed IFP 2 ||by February 9, 2024, this case will remain dismissed without prejudice without further 3 || Order of the Court. 4 IT IS SO ORDERED. 5 Dated: January 8, 2024 Fe Le ; ? L é > 6 HON. RUTH BERMUDEZ MONTENEGRO 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a.N70 NNIAT DDAA