Opinion
1:15-cv-01566-JLT-HBK (PC)
09-27-2023
MICHAEL GRANT, Plaintiff, v. SANDRA ALFARO, Defendant.
ORDER DENYING PLAINTIFF'S MOTION FOR COURT TO WAIVE REMAINING BALANCE OF FILING FEE
(DOC. NO. 14)
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE
On June 12, 2023, Plaintiff filed an “emergency petition for an immediate order staying remainder of court filing fee due to disability” in this closed case. (Doc. No. 14). Plaintiff, a state prisoner, was granted permission to proceed in forma pauperis on October 20, 2015. (Doc. No. 4). Plaintiff claims officials are taking more than 20% of funds deposited into his inmate trust account and requests the Court to waive the remaining balance due on his filing fee until he is released from prison. (See generally Doc. No. 14). The October 20, 2015 Order directed correctional officials to make monthly payments of 20% of the preceding month's income credited to Plaintiff's inmate trust account until the full $350.00 filing fee is paid as required by 28 U.S.C. § 1915(b)(2). (Doc. No. 4 at 2, ¶2). To the extent Plaintiff claims correctional officials are taking more than the amount ordered by the Court, he should address his concerns with correctional officials.
On March 28, 2016, the case was closed pursuant to Plaintiff's notice of voluntary dismissal. (Doc Nos. 12, 13).
Title 28 U.S.C. § 1915(a)(1) permits a plaintiff to bring a civil action “without prepayment of fees or security thereof' if the plaintiff submits a financial affidavit that demonstrates the plaintiff's “is unable to pay such fees or give security therefor.” Under the PLRA, despite being granted in forma pauperis status, all prisoners must pay the full amount of the fee. Id. 1915(b)(1). Specifically, 28 U.S.C. § 1915(b)(1) states a prisoner plaintiff proceeding IFP “shall be required to pay the full amount of the filing fee.” Id.
According to the Court's Case Inquiry Report, Plaintiff has paid $62.22 toward the $350.00 assessed filing fee and owes a remaining balance of $287.78. Plaintiff cites no case law supporting his request and the undersigned is unaware of any binding precedent requiring this Court to waive the $287.78 balance remaining on the $350.00 statutory filing fee. Further, the Court has no means to collect the funds once Plaintiff is released from prison.
Accordingly, it is ORDERED:
Plaintiff's motion for Court to waive the balance of the statutory filing fee (Doc. No. 14) is DENIED.