Unreported / Non-Citable
Background
Timothy Leroy Webb, a detainee proceeding pro se, filed a civil rights action under 42 U.S.C. § 1983 on March 12, 2026, along with a motion to proceed in forma pauperis. The court denied that initial IFP motion on May 11, 2026, because it lacked a certified copy of Webb's trust account statement as required by 28 U.S.C. § 1915(a). The court dismissed the action without prejudice under 28 U.S.C. § 1914(a) and gave Webb 45 days, until April 26, 2026, to either pay the $405 filing fee or submit a renewed, properly supported IFP motion.
Webb failed to submit either by the April 26, 2026 deadline. However, on August 7, 2026, he filed a second IFP motion, which the court characterized as a Renewed IFP Motion. Because Webb is a detainee proceeding pro se, the court agreed to consider the renewed motion despite its untimeliness.
The Court’s Holding
The court denied the Renewed IFP Motion because Webb once again failed to include a certified copy of his trust account statement for the six-month period immediately preceding the filing of his complaint, as required by 28 U.S.C. § 1915(a)(2) and S.D. Cal. Civ. L.R. 3.2. Without that certified statement, the court explained, it could not assess whether any initial partial filing fee was required to initiate prosecution of the case under 28 U.S.C. § 1915(b)(1). The court reiterated that while prisoners may qualify to proceed IFP without paying the full statutory filing fee upfront, they remain obligated to pay the full amount due in monthly payments, and the certified trust account statement is necessary to determine the initial assessment.
The action therefore remains dismissed without prejudice. However, the court granted Webb one more opportunity to have his case reopened. Within 45 days of the order, Webb must either prepay the entire $405 civil filing and administrative fee in one lump sum, or file a renewed IFP motion that includes a prison certificate signed by a trust accounting official attesting to his trust account balances and deposits, and/or a certified copy of his Inmate Statement Report for the six-month period preceding the filing of his complaint. The court warned that if Webb does not comply within 45 days, the case will remain dismissed without prejudice and without further order of the court based on his failure to comply with 28 U.S.C. § 1914(a). The court also ordered that Webb be provided with a court-approved form for a motion and declaration in support of a motion to proceed in forma pauperis.
Key Takeaways
- A prisoner seeking to proceed in forma pauperis must submit a certified copy of his trust account statement for the six-month period preceding the complaint, and failure to do so will result in denial of the IFP motion.
- Even when an IFP application is denied, the case cannot proceed unless and until the filing fees are paid, as the court noted citing Ninth Circuit precedent.
- The court showed leniency by considering an untimely renewed IFP motion from a pro se detainee and by granting one final 45-day opportunity to cure the deficiency rather than dismissing with prejudice.
- The $405 fee consists of the $350 statutory filing fee plus a $55 administrative fee, though the administrative fee does not apply to persons granted leave to proceed IFP.
- The dismissal remains without prejudice, meaning Webb may still reopen his case if he complies with the court's order within the specified timeframe.
Why It Matters
This order illustrates the strict documentation requirements prisoners face when seeking to proceed in forma pauperis under 28 U.S.C. § 1915. Even though the statute allows prisoners to pay filing fees in monthly installments rather than upfront, the certified trust account statement is a mandatory prerequisite that courts require to assess the initial partial filing fee. The decision also demonstrates the balance courts strike between enforcing procedural requirements and providing pro se detainees with meaningful opportunities to access the courts, as evidenced by the court's willingness to consider an untimely motion and grant multiple opportunities to cure the deficiency.