Myers v. Pulido et al

Filing 18

ORDER DENYING Plaintiff's Motion to Waive PLRA Filing Fees 17 , signed by Magistrate Judge Stanley A. Boone on 11/14/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALLAS J. MYERS,
Plaintiff,

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Case No. 1:16-cv-00638-SAB-PC
ORDER DENYING PLAINTIFF’S MOTION
TO WAIVE PLRA FILING FEES

v.
L. PULIDO, et al.,

(ECF No. 17)

Defendants.

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Plaintiff Dallas J. Meyers is a state prisoner proceeding pro se and in forma pauperis

18 pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to
19 28 U.S.C. § 636(c). (ECF No. 6.)
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Currently before the Court is Plaintiff’s motion asking if his PLRA fees can be “taken

21 off” or if he can have a fee waiver, contending that he cannot pay the fees. (ECF No. 17.)
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Earlier in this case, on May 11, 2016, the Court granted Plaintiff’s motion to proceed in

23 forma pauperis. (ECF No. 4.) It was explained to Plaintiff at that time, that he is obligated to pay
24 the statutory filing fee of $350.00 for this action, in monthly payments of twenty percent of the
25 proceedings month’s income credited to his trust account. (Id. at 1.) The California Department
26 of Corrections (“CDC”) was ordered to send to the Clerk of the Court payments from Plaintiff’s
27 account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid
28 in full. (Id. (citing 28 U.S.C. § 1915(b)(2)).

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The entire $350.00 filing fee for this action is statutorily required, and must be collected

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2 from Plaintiff’s institutional account, regardless of the outcome of this action and even if
3 Plaintiff elects to dismiss this action. See, e.g., Vartanpour v. Neven, No. 215-CV-00951-JAD4 CWH, 2016 WL 589669, at *1 (D. Nev. Feb. 10, 2016). As a result, Plaintiff’s motion to be
5 relieved of the obligation to pay this fee must be denied.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to waive PLRA filing

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7 fees, filed on November 10, 2016 (ECF No. 17), is DENIED.
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IT IS SO ORDERED.

11 Dated:

November 14, 2016
UNITED STATES MAGISTRATE JUDGE

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