Williams v. U.S.A. Department of Justice et al

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26-cv-0402-AJB-SBC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MICHAEL ARLONDO MONET
WILLIAMS,
INMATE #24735404
Plaintiff,
vs.
U.S.A. DEPARTMENT OF JUSTICE, et
al.,
Defendants.
Case No.: 26-cv-0402-AJB-SBC
ORDER DISMISSING CIVIL
ACTION WITHOUT PREJUDICE
FOR FAILING TO PAY
FILING FEE REQUIRED
BY 28 U.S.C. § 1914(a) AND/OR
FAILING TO MOVE TO PROCEED
IN FORMA PAUPERIS
PURSUANT TO
28 U.S.C. § 1915(a)
Michael Orlondo Monet Williams (“Plaintiff”) is a state prisoner proceeding pro se
with a civil rights Complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1.) Plaintiff has not
paid the civil filing fee nor filed a motion to proceed in forma pauperis (“IFP”).
I. 	FAILURE TO PAY FILING FEE OR REQUEST IFP STATUS
All parties instituting any civil action, suit or proceeding in a district court of the
United States, except an application for writ of habeas corpus, must pay a filing fee of
$405, consisting of a $350 statutory fee plus an additional administrative fee of $55,
although the $55 administrative fee does not apply to persons granted leave to proceed IFP.
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26-cv-0402-AJB-SBC
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See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee
Schedule, § 14 (eff. Dec. 1, 2023)). An action may proceed despite a plaintiff’s failure to
prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C.
§ 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v.
Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, if Plaintiff is a prisoner, and even if
he is granted leave to commence his suit IFP, he remains obligated to pay the entire filing
fee in “increments,” see Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015),
regardless of whether his case is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2);
Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002).
Plaintiff has not prepaid the $405 in filing and administrative fees required to
commence this civil action, nor has he submitted a motion to proceed IFP pursuant to 28
U.S.C. § 1915(a). Therefore, his case cannot yet proceed. See 28 U.S.C. § 1914(a);
Andrews, 493 F.3d at 1051.
II. 	CONCLUSION AND ORDER
Accordingly, the Court:
1. 	DISMISSES 	this 	civil 	action 	sua 	sponte 	without 	prejudice 	based 	on
Plaintiff’s failure to pay the $405 civil filing and administrative fee or to submit a motion
to proceed IFP pursuant to 28 U.S.C. § 1914(a) and § 1915(a); and
2. 	GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed
to: (a) prepay the entire $405 civil filing and administrative fee in full; or (b) complete and
file a motion to proceed IFP which includes a certified copy of his trust account statement
for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2);
CivLR 3.2(b).
The Clerk of the Court is DIRECTED to provide Plaintiff with this Court’s
approved form “Motion and Declaration in Support of Motion to Proceed In Forma
Pauperis.” If Plaintiff fails to either pay the $405 civil filing fee or submit a properly
supported motion to proceed IFP within forty-five (45) days, this action will remain
dismissed without prejudice based solely on his failure to satisfy 28 U.S.C. § 1914(a)’s fee
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26-cv-0402-AJB-SBC
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requirement and without further Order of the Court.1
IT IS SO ORDERED.
Dated: March 3, 2026
1 Plaintiff is cautioned that if he chooses to proceed further by either prepaying the full
$405 civil filing fee, or submitting a properly supported Motion to Proceed IFP, his
Complaint will be screened before service and may be dismissed sua sponte pursuant to
28 U.S.C. § 1915A(b) and/or 28 U.S.C. § 1915(e)(2)(B), regardless of whether he pays the
full $405 filing fee at once, or is granted IFP status and is obligated to pay the full filing
fee in installments. See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc)
(noting that 28 U.S.C. § 1915(e) “not only permits but requires” the court to sua sponte
dismiss an in forma pauperis complaint that is frivolous, malicious, fails to state a claim,
or seeks damages from defendants who are immune); see also Rhodes v. Robinson, 621
F.3d 1002, 1004 (9th Cir. 2010) (discussing similar screening required by 28 U.S.C.
§ 1915A of all complaints filed by prisoners “seeking redress from a governmental entity
or officer or employee of a governmental entity”). If Plaintiff’s complaint is dismissed for
failure to state a claim or as frivolous or malicious, it may thereafter be considered a
“strike” under 28 U.S.C. § 1915(g). See 28 U.S.C. § 1915(g) provides that “[i]n no event
shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding
under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or
detained in any facility, brought an action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which
relief may be granted, unless the prisoner is in imminent danger of serious physical injury.”
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