Desmond Jones v. Prueite et al

Filing 18

(IN CHAMBERS) ORDER by Magistrate Judge Paul L. Abrams: On September 2, 2014, the Court received plaintiffs Motion to Receive Relief from Payment 28 U.S.C. § 1915 (Motion). Accordingly, as the Court does not have the discretion to waive th e filing fee in this action, plaintiffs motion is denied. In light of plaintiffs apparent financial difficulty however, the Court grants plaintiff a 60 day extension of time in which to comply with the Courts August 12, 2014 Order. Therefore, no la ter than November 11, 2014, plaintiff is ordered to show cause why this case should not be dismissed for failure to pay the required fee. Receipt of the partial $10.00 filing fee by the Court on or before November 11, 2014, shall be deemed compliance with the Order to Show Cause. (See attached Order for details.) (es)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES-GENERAL
Case No. ED CV 14-00936-JLS (PLA)
Title:

Date September 8, 2014

Desmond Jones v. Pruette, et al.
G U.S. DISTRICT JUDGE

PRESENT: THE HONORABLE

PAUL L. ABRAMS

Christianna Howard
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFFS:

: MAGISTRATE JUDGE

N/A
Court Reporter / Recorder

ATTORNEYS PRESENT FOR DEFENDANTS:

NONE
PROCEEDINGS:

N/A
Tape No.

NONE
(IN CHAMBERS)

On September 2, 2014, the Court received plaintiff’s “Motion to Receive Relief from Payment 28 U.S.C. § 1915”
(“Motion”), wherein plaintiff requests a waiver of the partial filing fee of $10.00 that he was ordered to pay on
or before September 11, 2014. (See Docket #15).
28 U.S.C. § 1915 (b)(1) reads in relevant part: “if a prisoner brings a civil action . . . 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.” (Emphases added).
Accordingly, as the Court does not have the discretion to waive the filing fee in this action, plaintiff’s motion
is denied.
In light of plaintiff’s apparent financial difficulty however, the Court grants plaintiff a 60 day extension of time
in which to comply with the Court’s August 12, 2014 Order. Therefore, no later than November 11, 2014,
plaintiff is ordered to show cause why this case should not be dismissed for failure to pay the required fee.
Receipt of the partial $10.00 filing fee by the Court on or before November 11, 2014, shall be deemed
compliance with the Order to Show Cause.

cc:

Desmond Jones, Pro Se

Initials of Deputy Clerk

CV-90 (10/98)

CIVIL MINUTES -

GENERAL

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