Opinion
No. 2:09-cv-3466 JFM (PC).
April 8, 2011
ORDER
Plaintiff, a county prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. By order filed March 29, 2010, plaintiff's request to proceed in forma pauperis was granted and the Sheriff of San Joaquin County was directed to collect payments from plaintiff's inmate trust account in accordance with the provisions of 28 U.S.C. § 1915(b). On the same day, this action was dismissed without prejudice.
Plaintiff, the only party to appear in this action, consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). See Consent filed December 23, 2009.
On January 21, 2011, plaintiff filed a request to be relieved of the obligation to pay the filing fee for this action. Section 1915(b) of Title 15 of the United States Code requires all prisoners who bring a civil action in forma pauperis to pay the full amount of the filing fee in accordance with the provisions of the statute. This court is without authority to waive that requirement.
In accordance with the above, IT IS HEREBY ORDERED that plaintiff's January 21, 2011 request for relief from this court's March 29, 2010 order is denied.
DATED: April 7, 2011.