Kelvin Scott Chessman v. C. Parkhill; K. Santana; M. Burke; Alonzo; R. Zabala; John Doe, Appeals Coordinator; John Doe, K-9 Handler

Opinion

KELVIN SCOTT CHESSMAN, Case No.: 3:26-cv-1049-WQH-DDL CDCR #G35578 DENYING MOTION TO PROCEED Plaintiff, v. [ECF No. 2]

C. PARKHILL; K. SANTANA; M. DISMISSING CIVIL ACTION FOR BURKE; ALONZO; R. ZABALA; JOHN FAILURE TO PAY THE FILING DOE, Appeals Coordinator; JOHN DOE, FEE REQUIRED BY 28 U.S.C. § K-9 Handler 1914(a) Defendants. 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 $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 Motion to Proceed IFP is DENIED. Hi. 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 BE: te Z. Ma Hon. William Q. Hayes B3 United States District Court