Myers v. Pulido et al

Filing 30

ORDER Regarding Plaintiff's Notice Concerning Filing Fees 29 , signed by Magistrate Judge Stanley A. Boone on 3/24/17. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 DALLAS J. MYERS, Case No. 1:16-cv-00638-AWI-SAB (PC) 11 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE CONCERNING FILING FEES 12 v. 13 L. PULIDO, (ECF No. 29) 14 Defendant. 15 16 Plaintiff Dallas J. Myers is a state prisoner proceeding pro se and in forma pauperis 17 pursuant to 42 U.S.C. § 1983. This matter was referred to the undersigned pursuant to 28 U.S.C. 18 § 636(1)(B) and Local Rule 302. 19 Currently before the Court is Plaintiff’s notice and motion regarding whether he would be 20 required to pay the PLRA filing fees in this case if he wins his suit, or whether Defendant Pulido 21 would be required to pay those fees. Plaintiff also asks whether any money won in this suit could 22 be paid elsewhere or whether it would go “on my books” to be paid towards the filing fee. (ECF 23 No. 29.) 24 As has been previously explained to Plaintiff, the entire $350.00 filing fee for this action 25 is statutorily required, and must be collected from Plaintiff’s institutional account, regardless of 26 the outcome of this action and even if Plaintiff elects to dismiss this action. See, e.g., Vartanpour 27 v. Neven, No. 215-CV-00951-JAD-CWH, 2016 WL 589669, at *1 (D. Nev. Feb. 10, 2016). To 28 the extent Plaintiff is requesting a fee waiver depending on the outcome of this suit, it is denied. 1 Plaintiff is further advised that, to the extent he seeks assistance from the Court regarding 1 2 the manner in which his PLRA filing fees can be paid from a judgment in this action, the Court 3 does not issue advisory opinions or provide legal advice. 4 5 IT IS SO ORDERED. 6 Dated: March 24, 2017 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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