1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL KAISER, Case No.: 3:24-cv-0410-JAH-SBC Booking # 23740515, 12 ORDER DISMISSING CIVIL Plaintiff, 13 ACTION WITHOUT PREJUDICE vs. FOR FAILURE TO PAY FILING 14 FEE REQUIRED BY 28 U.S.C.

15 § 1914(a) JOHN DOE, Physician, JOHN DOE, 16 Mental Health Provider, JANE DOE, 17 Nurse, RUBY GONZALEZ, 18 Defendants. 19 20 Plaintiff Michael Kaiser (“Plaintiff”), currently detained at George Bailey Detention 21 Facility in San Diego County, California, is proceeding pro se in this case pursuant to 42

. See ECF No. 1. 23 I. Failure to Pay Filing Fee or Request In Forma Pauperis Status 24 All parties instituting any civil action, suit or proceeding in a district court of the 25 United States, except an application for writ of habeas corpus, must pay a filing fee of 26 $405. See

(a). The action may proceed despite a plaintiff’s failure to 27 prepay the entire fee only if he is granted leave to proceed in forma pauperis (“IFP”) 28 pursuant to

(a). See Andrews v. Cervantes,

(9th Cir. 1 ||2007). However, a prisoner who is granted leave to proceed IFP remains obligated to pay 2 || the entire fee in “increments” or “installments,” Bruce v. Samuels,

, 84 (2016), 3 ||regardless of whether his action is ultimately dismissed. See

(b)(1)-(2); 4 || Taylor v. Delatoore,

(9th Cir. 2002). 5 Plaintiff has not prepaid the $405 in filing and administrative fees required to 6 commence this civil action, nor has he submitted a properly supported Motion to Proceed 7 || IFP pursuant to

(a). Therefore, his case cannot yet proceed. See 28 U.S.C. 8 1914(a); Andrews,

. 9 ||. Conclusion and Order 10 Accordingly, the Court: 11 (1) DISMISSES this action without prejudice based on Plaintiff's failure to pay 12 || the $405 civil filing and administrative fee required by

(a), and his failure 13 || to properly move to proceed IFP pursuant to

(a); 14 (2) GRANTS Plaintiff forty-five (45) days leave from the date of this Order to 15 |/re-open his case by: (a) prepaying the entire $405 civil filing and administrative fee 16 |/required by

(a) in full; or (b) completing and filing a Motion and 17 ||Declaration in Support of Motion to Proceed IFP that complies with 28 U.S.C. 18 || § 1915(a)(1)-(2) and S.D. Cal. CivLR 3.2(b); and 19 (3) DIRECTS the Clerk of the Court to provide Plaintiff with a Court-approved 20 “Motion and Declaration in Support of Motion to Proceed IFP” for his use and 21 |/convenience. Should Plaintiff neither pay the $405 filing fee in full nor sufficiently 22 ||complete and file the attached Motion and Declaration to Proceed IFP within 45 days, this 23 || civil action will remain dismissed without prejudice pursuant to

(a), and 24 || without further Order of the Court. 25 IT IS SO ORDERED. 26 || Dated: March 11, 2024 VU Lik 27 JOHN A. HOUSTON 28 NITED STATES DISTRICT JUDGE

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