Marner v. U.S. Department of the Air Force

United States District Court for the Southern District of California

Marner v. U.S. Department of the Air Force

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ZACHARY MARNER, et al., Case No.: 3:24-cv-00502-RBM-MMP

12 Plaintiffs, ORDER DISMISSING CIVIL 13 v. ACTION WITHOUT PREJUDICE FOR FAILURE TO PAY FILING 14 U.S. DEPARTMENT OF THE AIR FEE REQUIRED BY 28 U.S.C. § FORCE, et al., 15 1914(a) OR FILE AN APPLICATION Defendants. TO PROCEED IN FORMA 16 PAUPERIS PURSUANT TO 28 U.S.C. 17 § 1915(a)

18

19 20 On March 13, 2024, Plaintiff Zachary Marner (“Plaintiff”), seemingly proceeding 21 pro se on behalf of himself and the other named plaintiffs, filed a Notice of Lawsuit for 22 $7,000,000, which the Court construes as a complaint for damages. (Doc. 1.) 23 All parties instituting any civil action, suit, or proceeding in a district court of the 24 United States, except an application for writ of habeas corpus, must pay a filing fee of 25 $405, consisting of a $350 statutory fee plus an additional administrative fee of $55, 26 although the $55 administrative fee does not apply to persons granted leave to proceed in 27 forma pauperis (“IFP”). See

28 U.S.C. § 1914

(a) (Judicial Conference Schedule of Fees, 28 District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2023)). An action may proceed despite 1 plaintiff's failure to prepay the entire fee only if he is granted leave to proceed IFP 2 || pursuant to

28 U.S.C. § 1915

(a). See Andrews v. Cervantes,

493 F.3d 1047, 1051

(9th Cir. 3 2007); Rodriguez v. Cook,

169 F.3d 1176, 1177

(9th Cir. 1999). 4 Plaintiff has not prepaid the $405 in filing and administrative fees or filed an 5 || application to proceed IFP pursuant to

28 U.S.C. § 1915

(a). Accordingly, this action is 6 || DISMISSED without prejudice for failure to satisfy the filing and administrative fee 7 requirements or file an application to proceed IFP. See Turner v. Chase Bank, Case No:: 8 24-cv-455 JLS (AHG),

2024 WL 1099694

, at *1 (S.D. Cal. Mar. 13, 2024). The Court 9 || ORDERS the Clerk of the Court to close the case. Plaintiff may re-open his case on or 10 || before September 25, 2025 by (1) paying the filing and administrative fees or (2) filing an 11 || application to proceed IFP. 12 IT IS SO ORDERED. 13 || DATE: September 2, 2025 14 Get Basmals, Mistery > 15 HON. RUTH BERMUDEZ'MONTENEGRO UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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