Zaragoza v. Cervantes

Summary

The United States District Court for the Southern District of California dismissed Paul Zaragoza’s 42 U.S.C. § 1983 action without prejudice because he neither paid the required filing and administrative fees nor properly moved to proceed in forma pauperis. The court granted him 45 days to pay the fee or submit a properly supported in forma pauperis motion with a certified six-month trust account statement.

Holdings

1. A civil action in federal district court cannot proceed when the plaintiff has neither paid the required filing and administrative fees nor submitted a properly supported motion to proceed in forma pauperis.
2. Dismissal without prejudice was appropriate, with 45 days granted for plaintiff to either pay the full $405 fee or file a properly supported IFP motion.

Questions Presented

1. Whether the civil-rights action could proceed when plaintiff had not prepaid the required filing and administrative fees or submitted a properly supported motion to proceed in forma pauperis.
2. Whether the action should be dismissed without prejudice while plaintiff was given an opportunity to cure the filing-fee or IFP deficiency.

Disposition

dismissed