Opinion
No. 04-2971-B/V.
October 4, 2005
ORDER DENYING IRREGULAR MOTION
On July 20, 2005, Plaintiff Curtis Ray Harris, filed an irregular motion seeking to pay $10 per month until the total filing fee of $150 filing is paid in full. Harris' obligation to pay the filing fee is not a matter over which the district court has any discretion or can alter by language in the judgment. Congress enacted the Prison Litigation Reform Act of 1995 (PLRA), Title VIII of Pub.L. 104-134, 110 Stat. 1321 (April 26, 1996), which amended 28 U.S.C. § 1915(b) to require that the fee be paid. The United States Court of Appeals for the Sixth Circuit has interpreted that law as creating a payment obligation that continues even though the court dismisses the entire case.McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997). The motion is denied.
IT IS SO ORDERED.