Castaneda v. Cryer

Filing 14

ORDER Denying Plaintiff's 13 Motion for Relief from Payment of Filing Fee signed by Magistrate Judge Michael J. Seng on 09/18/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER DENYING PLAINTIFF’S
MOTION FOR RELIEF FROM PAYMENT
OF FILING FEE

Plaintiff,

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Case No. 1:14-cv-00658-LJO-MJS (PC)

ROBERTO G. CASTANEDA,

v.

(ECF No. 13)
CRYER,
Defendant(s).

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Plaintiff, a state prisoner, proceeded pro se and in forma pauperis (“IFP”) in this
civil rights action filed May 5, 2014 pursuant to 42 U.S.C. § 1983. On July 18, 2014, the
action was dismissed with prejudice for failure to state a claim. Judgment was entered

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thereon, and the case was closed.
Before the Court is Plaintiff’s motion for relief from payment of the filing fee. He

24 argues that he is entitled to such relief since the action was dismissed.
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Plaintiff applied for and was granted in forma pauperis status based in part upon

26 his agreement to pay the $350 filing fee through monthly deductions from his prisoner
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trust account in accordance with 28 U.S.C. § 1915(b)(2). (ECF No. 2.) The Court, in its

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1 order granting IFP, directed the prison to make such payments. (ECF No. 4, at ¶ 2.)
2 Plaintiff’s argument that dismissal of the action reduces his fee payment obligation is
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unsupported and contrary to both the IFP statute and his authorization for collection of

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the entire filing fee from his prison trust account.
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Accordingly, for the reasons stated, Plaintiff’s motion for relief from payment of

7 the filing fee (ECF No. 13) is DENIED.
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9 IT IS SO ORDERED.
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Dated:

September 18, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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