(PC) Nadhim v. Hernandez et al

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26-cv-3794-AJB-MMP
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
IHAB KIFAH NADHIM,
CDCR #CD-1379,
Plaintiff,
vs.
SHANTAL HERNANDEZ, et al.,
Defendants.
Case No.: 26-cv-3794-AJB-MMP
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
WITHOUT PREJUDICE
Ihab Kifah Nadhim (“Plaintiff”), a state prisoner proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983, accompanied by a motion to proceed in forma
pauperis (“IFP”), in the Eastern District of California. (Doc. Nos. 1–2.) The case was then
transferred to this Court. (Doc. No. 3.)
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 $55,
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although the administrative fee does not apply to persons granted leave to proceed IFP.
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 greater, 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 includes a trust fund account statement which contains no
financial information and is neither signed nor certified. (See Doc. No. 2 at 2.) The Court
cannot grant an 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 (“[P]risoners 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 DISMISSED 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.
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26-cv-3794-AJB-MMP
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(2) 	DISMISSES this civil action without prejudice based on Plaintiff’s failure to
pay the civil filing and administrative fee or to submit a properly supported motion 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 motion 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 his failure to satisfy
28 U.S.C. § 1914(a)’s fee requirement and without further Order of the Court.
IT IS SO ORDERED.
Dated: October 9, 2026
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