Kinsey v. Pasha

Summary

The United States District Court for the Southern District of California dismissed Charles Kinsey’s § 1983 action without prejudice because he neither paid the required civil filing and administrative fee nor properly moved to proceed in forma pauperis. The court granted him 45 days to reopen the case by paying the fee or filing a compliant IFP motion and declaration. The order cautioned that any reopened complaint would remain subject to statutory screening.

Holdings

1. A civil action may not proceed when the plaintiff has neither prepaid the required filing fee nor submitted a properly supported motion to proceed in forma pauperis.
2. Prison trust-account records submitted by the institution do not substitute for the plaintiff's own properly supported motion and affidavit to proceed in forma pauperis.
3. Dismissal for failure to pay the filing fee or properly seek IFP status is without prejudice, with leave to reopen upon compliance within 45 days.

Questions Presented

1. Whether the civil action should be dismissed when the prisoner neither paid the required filing fee nor filed a properly supported motion to proceed in forma pauperis.
2. Whether prison records submitted on the plaintiff's behalf satisfy the plaintiff's obligation to personally submit the affidavit and certified trust-account statement required by 28 U.S.C. § 1915(a).

Disposition

dismissed