Rivera v. Maricopa County Sheriff's Office et al
ORDER denying 7 Plaintiff's pro se Motion to Stop Payment. Signed by Senior Judge Robert C Broomfield on 10/4/2013.(TLB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Ramon Manuel Rivera,
No. CV 13-481-PHX-RCB (JFM)
Maricopa County Sheriff's Office, et al.,
Plaintiff Ramon Manuel Rivera, who is confined in the Maricopa County Lower
Buckeye Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an
Application to Proceed In Forma Pauperis. In a May 28, 2013 Order, the Court granted
the Application to Proceed and dismissed the Complaint with leave to amend.
On June 14, 2013 Plaintiff filed a Motion to Stop Payment (Doc. 7). Plaintiff did
not file an amended complaint and, on August 20, 2013, the Clerk of Court entered a
Judgment of Dismissal for failure to comply with a Court order (Doc. 8).
In his Motion to Stop Payment, Plaintiff asks that the Court issue an order to stop
collection of the filing fee for this case.
Title 28 U.S.C. §1915(b)(1) states:
[I]f a prisoner brings a civil action or files an appeal in forma
pauperis, the prisoner shall be required to pay the full amount
of a filing fee. The court shall assess and, when funds exist,
collect, as a partial payment of any court fees required by law,
an initial partial filing fee of 20 percent of the greater ofB
(A) the average monthly deposits to the prisoner's account; or
(B) the average monthly balance in the prisoner's account for
the 6Bmonthly period immediately preceding the filing of the
complaint or notice of appeal.
Title 28 U.S.C. § 1915 does not provide any authority or mechanism for the Court
to waive the payment of Plaintiff’s filing fee, or to return the filing fee after dismissal of
It is clear that in amending 28 U.S.C. § 1915 with the enactment of the Prison
Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321 (Apr. 26, 1996)
(PLRA), Congress intended to provide financial disincentives for prisoners filing lawsuits
in forma pauperis. See Lyon v. Krol, 127 F.3d 763, 764 (8th Cir. 1997) (“Congress
enacted PLRA with the principal purpose of deterring frivolous prisoner litigation by
instituting economic costs for prisoners wishing to file civil claims. See, e.g., H.R. Conf.
Rep. No. 104-378, at 166-67 (1995); 141 Cong. Rec. S14626 (daily ed.) (Sept. 29, 1995)
(statement of Sen. Dole)”).
The decision to file and prosecute this case was made by Plaintiff before he filed
this case. Having filed this case, Plaintiff and the Court are both statutorily limited by the
strictures of 28 U.S.C. § 1915. Accordingly, Plaintiff’s request to cease collection of the
filing fee in this matter will be denied.
IT IS ORDERED that Plaintiff’s June 14, 2013 Motion to Stop Payment (Doc. 7)
DATED this 4th day of October, 2013.
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