Chessman v. Parkhill et al

3:26-cv-1049-WQH-DDL
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
KELVIN SCOTT CHESSMAN,
CDCR #G35578
Plaintiff,
v.
C. 	PARKHILL; 	K. 	SANTANA; 	M.
BURKE; ALONZO; R. ZABALA; JOHN
DOE, Appeals Coordinator; JOHN DOE,
K-9 Handler
Defendants.
Case No.: 3:26-cv-1049-WQH-DDL
DENYING MOTION TO PROCEED
IN FORMA PAUPERIS
[ECF No. 2]
DISMISSING CIVIL ACTION FOR
FAILURE TO PAY THE FILING
FEE REQUIRED BY 28 U.S.C. §
1914(a)
HAYES, Judge:
On February 6, 2026, Kelvin Scott Chessman (“Plaintiff”), a state inmate proceeding
pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff
did not pay the filing fee required by 28 U.S.C. § 1914(a) to commence a civil action when
he filed his Complaint; instead, he has filed a Motion to Proceed In Forma Pauperis (“IFP”)
pursuant to 28 U.S.C. § 1915(a). (ECF No. 2.) For the reason discussed below, the Court
denies the IFP motion and dismisses the action without prejudice
I. 	MOTION TO PROCEED IN FORMA PAUPERIS
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. See 28 U.S.C. § 1914(a). 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); Rodriguez v.
Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). However, a prisoner granted leave to proceed
IFP remains obligated to pay the entire fee in “increments” or “installments,” Bruce v.
Samuels, 577 U.S. 82, 84–85 (2016); Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir.
2015), and regardless of whether his action is ultimately dismissed. See 28 U.S.C.
§§ 1915(b)(1), (2); Taylor v. Delatorre, 281 F.3d 844, 847 (9th Cir. 2002).
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 no
assets. See 28 U.S.C. §§ 1915(b)(1), (4). The institution having custody of the prisoner then
collects subsequent payments, assessed at 20% of the preceding month’s income, in any
month in which his account exceeds $10, and forwards those payments to the Court until
the entire filing fee is paid. See 28 U.S.C. § 1915(b)(2); Bruce, 577 U.S. at 84–85.
In support of his IFP motion, Plaintiff has submitted a prison certificate authorized
by a prison accounting official and a copy of his Inmate Statement Report. See ECF No. 3;
28 U.S.C. § 1915(a)(2); S.D. Cal. Civ. L.R. 3.2; Andrews, 398 F.3d at 1119. These
documents show that for the six months immediately preceding filing of the Complaint,
Plaintiff carried an average monthly balance of $1,054.06 and average monthly deposits of
$351.17. (ECF No. 3 at 7.) The balance in Plaintiff’s trust account as of February 19, 2026
was $1,083.83. Id. at 5, 7.
In this matter, Plaintiff has not shown the indigence required to proceed IFP.
Therefore, because Plaintiff has shown that he is able to pay the filing fee in total, Plaintiff’s
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Motion to Proceed IFP is DENIED.
II. 	CONCLUSION AND ORDER
IT IS HEREBY ORDERED that the Court DENIES Plaintiff’s Motion to Proceed
IFP (ECF No. 2).
IT IS FURTHER ORDERED that the Court DISMISSES this action without
prejudice for failure to pay the full statutory and administrative $405 civil filing fee
required by 28 U.S.C. § 1914(a). The Court GRANTS Plaintiff forty-five (45) days leave
from the date this Order is filed in which to pay the $405 civil filing fee.
Dated: February 27, 2026
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