Howard
Howard v. S.D. Cal
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 EARLE S. HOWARD, Case No.: 23-cv-1271-BAS-BLM
Plaintiff,
ORDER TO PAY FILING FEE OR
v. FILE APPLICATION TO PROCEED
IN FORMA PAUPERIS
S.D. CAL,
Defendant. 17 18 19 Plaintiff Earle S. Howard, who is proceeding pro se and is currently incarcerated at the California Health Care Facility (“CHCF”), has filed a civil rights action pursuant to 42 U.S.C. § 1983. (Compl., ECF No. 1.) He has neither prepaid the civil filing fee required by 28 U.S.C. § 1914(a) nor filed a motion to proceed in forma pauperis (“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 26 27 28 $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). See Andrews v.…