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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

DOUGLAS K. CASEY,

BOP #35005510,

Plaintiff,

vs.

WAYNE REAUD, CENTRAL 

INTELLIGENCE AGENCY, FEDERAL 

BUREAU OF INVESTIGATION, et al,

Defendants.

Case No.: 3:23-cv-1439-GPC-SBC

ORDER DISMISSING CIVIL 

ACTION FOR FAILURE TO PAY 

FILING FEES REQUIRED BY 

28 U.S.C. § 1914(a)

Douglas K. Casey (“Plaintiff”), an inmate proceeding pro se, has filed a civil rights 

complaint pursuant to 42 U.S.C. § 1983, along with a letter and “supplemental document.”

See ECF Nos. 1–5. Plaintiff has not prepaid the $402 civil filing fee required by 28 U.S.C. 

§ 1914(a), however, and has not filed a Motion to Proceed In Forma Pauperis (“IFP”) 

pursuant to 28 U.S.C. § 1915(a). 

I. Failure to Pay Filing Fee or Request IFP Status

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 

$402. See 28 U.S.C. § 1914(a). An 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). 

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See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 

F.3d 1176, 1177 (9th Cir. 1999). However, if the Plaintiff is a prisoner, and even if he is 

granted leave to commence his suit IFP, he remains obligated to pay the entire filing fee in 

“increments,” see Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015), regardless of 

whether his case is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2); Taylor v. 

Delatoore, 281 F.3d 844, 847 (9th Cir. 2002).

Plaintiff has not prepaid the $402 in filing and administrative fees required to 

commence this civil action, nor has he submitted a properly supported Motion to Proceed 

IFP pursuant to 28 U.S.C. § 1915(a).1 Therefore, his case cannot yet proceed. See 28 U.S.C. 

§ 1914(a); Andrews, 493 F.3d at 1051.

II. Conclusion and Order

For the reasons set forth above, the Court hereby:

(1) DISMISSES this action sua sponte without prejudice for failure to pay the 

$400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to 

28 U.S.C. §§ 1914(a) and 1915(a); and

(2) GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed 

to: (a) prepay the entire $402 civil filing and administrative fee in full; or (b) complete and 

file a Motion to Proceed IFP which includes a certified copy of his 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).

IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff 

with this Court’s approved form “Motion and Declaration in Support of Motion to Proceed 

In Forma Pauperis.” If Plaintiff fails to either prepay the $402 civil filing fee or complete 

and submit the enclosed Motion to Proceed IFP within 45 days, this action will remain 

1

 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of 

$52. See 28 U.S.C. § 1914(a); Judicial Conference Schedule of Fees, District Court Misc. Fee 

Schedule, § 14 (eff. Dec. 1, 2020). The additional $52 administrative fee does not apply to persons 

granted leave to proceed IFP. Id.

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dismissed without prejudice based on Plaintiff’s failure to satisfy 28 U.S.C. § 1914(a)’s fee 

requirements and without further Order of the Court.

IT IS SO ORDERED.

Dated: August 17, 2023

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