Opinion
Case No. 1:20-cv-00118-AWI-SKO (PC)
07-27-2020
EPHRAIM JENKINS, Plaintiff, v. J. MCKAY, et al., Defendants.
ORDER DENYING MOTION FOR RELIEF FROM FILING FEE PAYMENTS
(Doc. 15)
Plaintiff Ephraim Jenkins is a state prisoner proceeding in forma pauperis. On June 17, 2020, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1), and the Court subsequently closed this case. (Docs. 13, 14.) On July 23, 2020, Plaintiff filed a motion requesting relief from the filing fee payments required by 28 U.S.C. § 1915(b). (Doc. 15.)
Prisoners proceeding in forma pauperis are "required to pay the full amount of a filing fee" of any civil action they initiate. 28 U.S.C. § 1915(b)(1). The in forma pauperis statute provides that prisoners "shall be required to pay the full amount of a filing fee," and the "court shall assess and ... collect ... an initial partial filing fee of 20 percent" of the average monthly deposits or average monthly balance in the prisoner's trust account. 28 U.S.C. § 1915(b)(1) (emphasis added). Additionally, "the prisoner shall be required to make monthly payments of 20 percent of the preceding month's income." Id. § 1915(b)(2) (emphasis added).
Therefore, according to the statute, the Court does not have discretion to waive the filing fee. The filing fee obligations and payment amounts are mandatory. See, e.g., Soares v. Paramo, No. 3:13-cv-02971-BTM-RBB, 2018 WL 5962728, at *2 (S.D. Cal. 2018); Cartwright v. Sparks, No. 1:94-cv-06044-AWI, 2012 WL 394175, at *1 (E.D. Cal. 2012); Adams v. Maricopa Cty. Sheriff's Office, No. 2:10-cv-01558-PHX-RCB, 2010 WL 4269528, at *1-2 (D. Ariz. 2010). Accordingly, the Plaintiff's motion is DENIED. IT IS SO ORDERED. Dated: July 27 , 2020
/s/ Sheila K . Oberto
UNITED STATES MAGISTRATE JUDGE