IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII ROY JOSHUA GOUVEIA, CIVIL NO. 23-00455 DKW-KJM #A3005875, ORDER DENYING APPLICATION Plaintiff, TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF v. NO. 2

STEVE LIZAMA,

Defendant.

Before the Court is an Application to Proceed In Forma Pauperis by a Prisoner filed by pro se Plaintiff Roy Joshua Gouveia.1 ECF No. 2. Gouveia’s IFP Application is DENIED as incomplete. When bringing an action, a prisoner must either pay the $350.00 filing fee and a $52.00 administrative fee in a lump sum or, if granted the privilege of proceeding in forma pauperis, pay the $350.00 filing fee incrementally as set forth in

(b)(1). An application to proceed in forma pauperis requires an (1) affidavit of indigence and (2) a certified copy of the inmate’s trust account

1Gouveia is currently incarcerated at the Kauai Community Correctional Center. See VINE, https://vinelink.vineapps.com/search/HI/Person (select “ID Number”; enter “A3005875”; and select “Search”) (last visited Nov. 8, 2023). statement for the six months preceding the filing of the complaint. See

(a)(2); Page v. Torrey,

(9th Cir. 2000). A prisoner

must submit trust account statements from each institution where he was confined during the relevant six-month period. See

(a)(2). To assist prisoners in meeting these statutory requirements, the Court

requires use of a form application—that is, the “Application to Proceed In Forma Pauperis by a Prisoner.” See United States District Court District of Hawaii, https://www.hid.uscourts.gov/files/prose/Application%20To%20Proceed%20In%2 0Forma%20Pauperis%20By%20a%20Prisoner%20(IFP)%20and%20Instructions.p

df (last visited Nov. 8, 2023). This form includes: (1) an affidavit of indigence (for completion by the prisoner); (2) a financial certificate and consent to collection of fees (for completion by the prisoner); and (3) a certificate (for completion by the

warden or other appropriate officer of the institution in which the prisoner is confined). See

The form also reminds the prison official to attach a copy of the prisoner’s trust account balance statements for the preceding six months. See

If a prisoner is granted leave to proceed in forma pauperis, the Court will

assess an initial partial filing fee of twenty percent of either the average monthly deposits or the average monthly balance in the prisoner’s account, whichever is greater.

(b)(1); Bruce v. Samuels,

, 84 (2016). An

initial partial filing fee will only be collected when funds exist. See

(b)(1). The balance of the $350.00 filing fee will be collected in monthly payments of twenty percent of the preceding month’s income credited to the

prisoner’s account, each time the amount in the account exceeds $10.00.

(b)(2); Bruce, 577 U.S. at 84. These payments continue until the filing fee is paid in full. See

(b)(2). The initial partial filing fee and the

subsequent monthly installment payments are assessed on a per-case basis. Bruce, 577 U.S. at 84. Thus, filing fees associated with multiple actions are recouped simultaneously, not sequentially. See id. Gouveia’s IFP Application is incomplete. Specifically, the IFP Application

does not include: (1) a certificate (for completion by the warden or other appropriate officer of the institution in which the prisoner is confined); and (2) account statements for the preceding six months showing all deposits and

withdrawals to Gouveia’s account during that period. See ECF No. 2. The account statement that Gouveia submitted with his IFP Application dates back only to August 31, 2023. Id. at PageID.13. If Gouveia was not incarcerated during the entire six-month period preceding the filing of this action, he must make this clear

in any complete in forma pauperis application that he files. Gouveia is DIRECTED to promptly submit a complete IFP Application. Failure to do so, or to pay the filing fee in full, by December 6, 2023, will result in

automatic dismissal of this suit without prejudice and without further notice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall,

(9th Cir. 1995). The Court will take no action on any pending or future filings in this action until Gouveia addresses the deficiencies set forth in this Order. CONCLUSION (1) Gouveia’s Application to Proceed In Forma Pauperis by a Prisoner is DENIED without prejudice as incomplete. (2) Gouveia is DIRECTED to pay the filing fee in full, or to submit a complete IFP Application by December 6, 2023. (3) The Clerk is DIRECTED to send Gouveia an Application to Proceed In Forma Pauperis by a Prisoner to facilitate compliance with this Order. IT IS SO ORDERED. DATED: November 8, 2023 at Honolulu, Hawaii.

/s/ Derrick K. Watson dot Derrick K. Watson RS Chief United States District Judge

Roy Joshua Gouveia v. Steven Lizama; Civil No. 23-00455 DKW-KJM; ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. 2