Camargo Alejo v. Vista Detention Facility

Summary

The United States District Court for the Southern District of California denied Jose Camargo Alejo’s motion to proceed in forma pauperis because he failed to provide a certified trust-account statement for the preceding six months. The court dismissed the § 1983 action without prejudice and allowed the plaintiff to reopen it by paying the filing fees or submitting a renewed, properly supported IFP motion by the stated deadline.

Holdings

1. A prisoner or detainee seeking to proceed in forma pauperis must submit a certified copy of the required trust-account statement or institutional equivalent for the six-month period preceding the filing of the complaint; because plaintiff did not submit that documentation, the IFP motion was denied.
2. When the IFP motion is denied because the required documentation is missing, the action may be dismissed without prejudice, subject to reopening if plaintiff timely pays the filing fees or submits a compliant renewed IFP motion.

Questions Presented

1. Whether plaintiff's motion to proceed in forma pauperis could be granted without a certified trust-account statement or institutional equivalent for the six-month period preceding the complaint.
2. Whether the action should be dismissed without prejudice when the IFP motion was incomplete.

Disposition

dismissed