Matthew Schoenhofen, et al. v. Wallace, et al.

Opinion

MATTHEW SCHOENHOFEN, et al. Case No. 1:26-cv-04970-FJS (PC) Plaintiffs, ORDER FOR PLAINTIFFS TO SUBMIT APPLICATIONS TO PROCEED IN FORMA v. PAUPERIS (FOR A NON-PRISONER) OR PAY FILING FEE WALLACE, et al., THIRTY (30) DAY DEADLINE Defendants. Plaintiffs Matthew Schoenhofen and Loyd Dawkins, Jr. (“Plaintiffs”) are civil detainees proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiffs initiated this joint action on June 29, 2026.1 (ECF No. 1.) Plaintiffs did not submit applications to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 or pay the $405.00 filing fee for this action. With the exception of habeas corpus petitions, all parties initiating civil actions in a district court of the United States must pay a filing fee of $350.00 and an additional administrative fee of $55.00 for a total filing fee of $405.00. See 28 U.S.C. §§ 1914(a) & (c); Local Rule 121(c). “A civil action may proceed despite a plaintiff’s failure to prepay the entire fee only if the plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C.

1 At this time, the court expresses no opinion on whether this case may proceed as a joint action. § 1915(a).” Remmert v. Newsome, No. 1:23-CV-00050-ADA-HBK, 2023 WL 1806277, at *1 (E.D. Cal. Jan. 31, 2023). “In addition, although only one filing fee needs to be paid per case, if multiple plaintiffs seek to proceed in forma pauperis, each plaintiff must qualify for IFP status. Thus, each named plaintiff must submit separate applications to proceed as a pauper before a court will grant multiple plaintiffs in forma pauperis status in one action.” Jd. (citing Liang v. Kallis, No. 2:21-cv-0595-JAM-CKD, 2021 WL 1721668, *1 (E.D. Cal. April 30, 2021)). Accordingly, IT IS HEREBY ORDERED that: Within thirty (30) days of the date of service of this order, Plaintiffs shall each submit the attached application to proceed in forma pauperis (for a non-prisoner), completed and signed, or in the alternative, Plaintiffs must collectively pay the $405.00 filing fee for this action. No requests for extension will be granted without a showing of good cause. Failure to comply with this order by any plaintiff will result in dismissal of that plaintiff from this action. IT IS SO ORDERED. Vy 2 7 Dated: _ July 1, 2026 □□ UNITED STATESMA dSTRATE JUDGE

—___ ? Tn a recent decision, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act (“PLRA”) requires each prisoner proceeding in forma pauperis in a multi-prisoner lawsuit to Pay “the full amount of a filing fee.” Johnson v. High Desert State Prison, 127 F.4th 123, 132 (9th Cir. 2025) (quoting 28 U.S.C. § 1915(b)(1)). Plaintiffs are civil detainees, not “prisoners” within the meaning of the PLRA. Agyeman v. INS, 296 F.3d 871, 885-86 (9th Cir. 2002). Therefore, the court requires the payment of only one filing fee for this action if Plaintiffs do not both qualify to proceed in forma pauperis.