Hucker v. Hill et al

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25-cv-02533-RBM-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JASON HUCKER,
CDCR # P-73941
Plaintiff,
vs.
J. HILL, Warden, et al.,
Defendants.
Case No.: 25-cv-02533-RBM-BLM
ORDER:
(1) DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
[Doc. 2];
(3) DISMISSING CIVIL ACTION
WITHOUT PREJUDICE FOR
FAILURE TO PAY FILING FEES;
AND
(4) DENYING MOTION FOR
APPOINTMENT OF COUNSEL
AS MOOT [Doc. 3]
Plaintiff Jason Hucker, a state prisoner proceeding pro se, has filed a civil rights
Complaint pursuant to 42 U.S.C. § 1983 along with a Motion to Proceed In Forma Pauperis
(“IFP Application”) and a Motion for Appointment of Counsel. (Docs. 1–3.)
I. 	MOTION TO PROCEED IFP
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
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$405, consisting of a $350 statutory fee plus an additional administrative fee of $55,
although the administrative fee does not apply to persons granted leave to proceed IFP.
See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee
Schedule, § 14 (eff. Dec. 1, 2023)). The 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). 	Section
1915(a)(2) requires prisoners seeking leave to proceed IFP to submit a “certified copy of
the trust fund account statement (or institutional equivalent) for . . . the 6-month period
immediately preceding the filing of the complaint.” 	28 U.S.C. § 1915(a)(2); Andrews v.
King, 398 F.3d 1113, 1119 (9th Cir. 2005). From the certified trust account statement, the
Court assesses an initial payment of 20% of (a) the average monthly deposits in the account
for the past six months, or (b) the average monthly balance in the account for the past six
months, whichever is greater, unless the prisoner has insufficient assets. 	See 28 U.S.C.
§ 1915(b)(1)&(4); Bruce v. Samuels, 577 U.S. 82, 84 (2016). Prisoners who proceed IFP
must pay any remaining balance in “increments” or “installments,” regardless of whether
their action is ultimately dismissed. 28 U.S.C. § 1915(b)(1)–(2); Bruce, 577 U.S. at 84.
Plaintiff’s IFP Application does not include a trust fund account statement. 	(See
Doc. 2.) The Court cannot grant his IFP Application without a trust fund account statement
containing financial information for the 6-month period immediately preceding the filing
of his Complaint. 	See Andrews, 398 F.3d at 1119 (“prisoners must demonstrate that they
are not able to pay the filing fee with an affidavit and submission of their prison trust
account records.”) (citing 28 U.S.C. § 1915(a)(1)–(2)).
The IFP Application (Doc. 2) is DENIED. 	This action is DISMISSED without
prejudice based on Plaintiff’s failure to pay the filing fee or to submit a properly supported
motion to proceed IFP pursuant to 28 U.S.C. §§ 1914(a) & 1915(a), and Plaintiff’s Motion
for Appointment of Counsel (Doc. 3) is DENIED as moot.
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II. 	MOTION FOR APPOINTMENT OF COUNSEL
Since the Court must dismiss the action, Plaintiff’s motion for appointment of
counsel (Doc. 4) is DENIED as moot, without prejudice to Plaintiff making a renewed
request should the case be reopened and should he satisfy the criteria for discretionary
appointment of counsel in a civil case.
III. 	CONCLUSION AND ORDER
Accordingly, the Court:
(1) 	DENIES Plaintiff’s IFP Application without prejudice (Doc. 2.)
(2) 	DISMISSES this civil action without prejudice based on Plaintiff’s failure to
pay the civil filing and administrative fee or to submit a properly supported motion to
proceed IFP pursuant to 28 U.S.C. §§ 1914(a) & 1915(a).
(3) 	DENIES Plaintiff’s Motion for Appointment of Counsel as moot. (Doc. 3.)
(4) 	GRANTS Plaintiff until February 13, 2026 to: (a) prepay the entire $405
civil filing and administrative fee in full; or (b) complete and file a properly supported
motion to proceed IFP which includes a certified copy of his prison trust account statement
for the 6-month period preceding the filing of his Complaint. See 28 U.S.C. § 1915(a)(2);
S.D. Cal. CivLR 3.2(b). If Plaintiff fails to either pay the $405 civil filing fee or submit a
properly supported motion to proceed IFP by February 13, 2026, this action will remain
dismissed without prejudice based solely on his failure to satisfy 28 U.S.C. § 1914(a)’s fee
requirement and without further Order of the Court.
IT IS SO ORDERED
Dated: January 28, 2026
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