Pulu v. Costa

Opinion

MOSES PULU, Case No.: 23cv1582-JO (BGS) CDCR #H-86891, ORDER DENYING MOTION TO Plaintiff, PROCEED IN FORMA PAUPERIS vs. PURSUANT TO 28 U.S.C. § 1915(a) AND DISMISSING CIVIL ACTION

WITHOUT PREJUDICE FOR A. COSTA, et al., FAILING TO PREPAY FILING Defendants. FEES REQUIRED BY 28 U.S.C. § 1914(a) Plaintiff Moses Pulu is a state prisoner incarcerated at the R.J. Donovan Correctional Facility in San Diego, California. Proceeding pro se he filed a civil rights action pursuant to 42 U.S.C. § 1983 (ECF No. 1) and a motion to proceed in forma pauperis (“IFP”). (ECF No. 2). For the reasons set forth below, the Court denies Plaintiff’s motion to proceed IFP. I. Motion to Proceed IFP A party may institute a civil action without prepaying the required filing fee if the Court grants leave to proceed IFP based on indigency. 28 U.S.C. § 1915(a); Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). Plaintiffs who wish to proceed IFP must establish their inability to pay by filing an affidavit regarding their income and assets. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). For prisoners to establish an inability to pay, the Prison Litigation Reform Act requires submission of “a certified copy of the [prisoner’s] 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). Plaintiff’s submissions fail to establish that he is unable to pay the filing fee in this case. The copy of his inmate trust account in support of his IFP Motion indicates he had $10,497.70 on account at the time of filing this action and an average monthly balance in the account of $10,461.77 during the 6-month period immediately preceding the filing of his Complaint. (ECF No. 3 at 1–3). Because Plaintiff has failed to demonstrate an inability to pay the $402 civil filing fee in this action, Plaintiff’s Motion to Proceed IFP is DENIED and this action is DISMISSED without prejudice for failure to prepay the filing fee as required by 28 U.S.C. § 1914(a). Plaintiff is GRANTED forty-five (45) days leave from the date this Order is filed to prepay the entire $402 civil filing and administrative fee in full. Dated: September 28, 2023 Hon. Jinsook Ohta United States District Judge