Herrerra v. State of California

Summary

The United States District Court for the Southern District of California dismissed Ivan J. Herrera’s § 1983 action without prejudice because he neither paid the required filing and administrative fee nor filed a properly supported motion to proceed in forma pauperis. The court granted him 45 days to reopen the case by paying the fee or submitting a compliant IFP motion.

Holdings

1. A civil action may not proceed when the plaintiff has neither prepaid the required filing fee nor obtained leave to proceed in forma pauperis; because Plaintiff did neither, dismissal without prejudice was warranted.
2. A prisoner seeking to proceed in forma pauperis must submit the affidavit and certified trust-account statement required by 28 U.S.C. § 1915(a); failure to do so supports dismissal without prejudice, subject to an opportunity to cure.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to pay the filing fee required by 28 U.S.C. § 1914(a).
2. Whether the action should be dismissed without prejudice because Plaintiff failed to file a properly supported motion to proceed in forma pauperis under 28 U.S.C. § 1915(a).

Disposition

dismissed