govinfo:USCOURTS-casd-3_26-cv-03053-0

1 
26cv3053-DMS (DEB) 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
ANDREW LOVE,  
INMATE #26110848, 
Plaintiff, 
vs. 
 
NAVY FEDERAL BANK, 
Defendant. 
 Case No.:  26cv3053-DMS (DEB) 
 
ORDER DENYING MOTION TO 
PROCEED IN FORMA PAUPERIS 
WITHOUT PREJUDICE 
 
 
Andrew Love (“Plaintiff”), an inmate at the San Diego Central Jail, is  proceeding 
pro se with a civil rights Complaint filed pursuant to 42 U.S.C. § 1983, accompanied by a 
motion to proceed in forma pauperis (“IFP”).  (ECF Nos. 1-2.)   
I. Motion to Proceed IFP 
All parties instituting any civil action, suit or proceeding in a district court of the 
United States, except an application for writ of habeas corpus, must pay a filing fee of 
$405, consisting of a  $350 statutory fee  plus an additional administrative fee of $5 5, 
although the administrative fee does not apply to persons granted leave to proceed IFP.  
Case 3:26-cv-03053-DMS-DEB     Document 3     Filed 06/15/26     PageID.<pageID>     Page
1 of 3
 
2 
26cv3053-DMS (DEB) 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee 
Schedule, § 14 (eff. Dec. 1, 2023)).  The action may proceed despite a plaintiff’s failure to 
prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. 
§ 1915(a).  See Andrews v. Cervantes , 493 F.3d 1047, 1051 (9th Cir.  2007).  Section 
1915(a)(2) requires prisoners seeking leave to proceed IFP to submit a “certified copy of 
the trust fund account statement (or institutional equivalent) for . . . the 6 -month period 
immediately preceding the filing of the complaint.”   28 U.S.C. § 1915(a)(2); Andrews v. 
King, 398 F.3d 1113, 1119 (9th Cir. 2005).  From the certified trust account statement, the 
Court assesses an initial payment of 20% of (a) the average monthly deposits in the account 
for the past six months, or (b) the average monthly balance in the account for the past six 
months, whichever is gre ater, unless the prisoner has insufficient assets.  See 28 U.S.C. 
§ 1915(b)(1)&(4); Bruce v. Samuels, 577 U.S. 82, 84 (2016).  Prisoners who proceed IFP 
must pay any remaining balance in “increments” or “installments,” regardless of whether 
their action is ultimately dismissed.  28 U.S.C. § 1915(b)(1)&(2); Bruce, 577 U.S. at 84.  
 Plaintiff’s IFP application include s a trust fund account statement  which is not 
signed or certified.  ( See ECF No. 2 at 4.)  T he Court cannot grant his IFP application 
without a certified trust fund account statement containing financial information for the 6-
month period immediately preceding the filing of his Complaint .  See Andrews, 398 F.3d 
at 1119 (“prisoners must demonstrate that they are not able to pay the filing fee with an 
affidavit and submission of their prison trust account records.”), citing 28 U.S.C. 
§ 1915(a)(1)&(2).   
 The motion to proceed IFP is DENIED and this action is DISMISSE D without 
prejudice based on Plaintiff’s failure to pay the filing fee or to submit a properly supported 
motion to proceed IFP pursuant to 28 U.S.C. §§ 1914(a) & 1915(a). 
II. Conclusion and Order 
 Accordingly, the Court: 
 (1) DENIES Plaintiff’s motion to proceed IFP without prejudice. 
/ / / 
Case 3:26-cv-03053-DMS-DEB     Document 3     Filed 06/15/26     PageID.<pageID>     Page
2 of 3
 
3 
26cv3053-DMS (DEB) 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 (2) DISMISSES this civil action without prejudice based on Plaintiff’s failure to 
pay the civil filing and a dministrative fee or to submit a properly supported m otion to 
proceed IFP pursuant to 28 U.S.C. §§ 1914(a) & 1915(a). 
 (3) GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed 
to: (a) prepay the entire $405 civil filing and administrative fee in full; or (b) complete and 
file a properly supported m otion to proceed IFP which includes a certified copy of his  
prison trust account statement for the 6-month period preceding the filing of his Complaint. 
See 28 U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2(b).  If Plaintiff fails to either pay the $405 
civil filing fee or submit a properly supported motion to proceed IFP within 45 days, this 
action will remain dismissed without prejudice based solely on hi s failure to satisfy 28 
U.S.C. § 1914(a)’s fee requirement and without further Order of the Court. 
 IT IS SO ORDERED. 
Dated:  
 Hon. Dana M. Sabraw  
United States District Judge 
 
June 15, 2026
Case 3:26-cv-03053-DMS-DEB     Document 3     Filed 06/15/26     PageID.<pageID>     Page
3 of 3

Passage view · GavelSight