Demaruea North v. Sgt. Salazar

Summary

The United States District Court for the Southern District of California dismisses Demaruea North’s prisoner civil rights action without prejudice because he neither paid the required $405 filing and administrative fee nor properly moved to proceed in forma pauperis. The court grants Plaintiff 45 days to pay the fee or submit a properly supported IFP motion with a certified six-month trust account statement.

Holdings

1. A prisoner’s civil action cannot proceed when the prisoner has neither prepaid the required filing and administrative fees nor submitted a properly supported motion to proceed in forma pauperis under 28 U.S.C. §§ 1914(a) and 1915(a).
2. The action was properly dismissed without prejudice, with 45 days for Plaintiff to prepay the full $405 fee or file a properly supported IFP motion.

Questions Presented

1. Whether a prisoner’s civil action may proceed when the prisoner has neither prepaid the required filing and administrative fees nor submitted a properly supported motion to proceed in forma pauperis.
2. Whether the court should dismiss the action without prejudice and allow the prisoner time to cure the fee or IFP deficiency.

Disposition

dismissed