Tyrone Williams v. Fresno County District Attorney Office et al

Filing 13

ORDER (1) DENYING Plaintiff's 12 Request to Waive the $350.00 Filing Fee and (2) DIRECTING Payment of Inmate Filing Fee by the Fresno County Jail in Accordance With the Court's June 15, 2016 Order, signed by Magistrate Judge Michael J. Seng on 6/26/16. (Marrujo, C)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17

1:16-cv-00734-DAD-MJS (PC)

TYRONE WILLIAMS,
Plaintiff,

ORDER (1) DENYING PLAINTIFF’S
REQUEST TO WAIVE THE $350.00
FILING FEE AND (2) DIRECTING
PAYMENT OF INMATE FILING FEE BY
THE FRESNO COUNTY JAIL IN
ACCORDANCE WITH THE COURT’S
JUNE 15, 2016 ORDER

v.
FRESNO COUNTY DISTRICT
ATTORNEY’S OFFICE, et al.,
Defendants.

(ECF No. 12)

18
19
20
21
22
23
24
25
26
27

Plaintiff is a county inmate proceeding pro se in a civil rights action pursuant to 42
U.S.C. ' 1983. On May 23, 2016, he requested leave to proceed in forma pauperis
pursuant to 28 U.S.C. ' 1915. (ECF No. 3.) On June 15, 2016 Plaintiff’s request was
granted. (ECF No. 11.)

The Court directed the Sheriff of the Fresno County Jail, or his

designee, to collect payments from Plaintiff’s prison trust account in an amount equal to
twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust
account and forward those payments to the Clerk of Court each time the amount in the

28
1

1

account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of

2

$350.00 has been collected and forwarded to the Clerk of Court. (ECF No. 11.)

3
4

Plaintiff has now filed a motion requesting he not be required to pay the $350.00
fee. (ECF No. 12.) That request will be denied.

5

Section 1915 allows an indigent prisoner to file a civil action without paying the

6

filing fee upfront. 28 U.S.C. §§ 1915(a)(1) and (2). It does not eliminate the filing fee

7

altogether; rather, it allows the prisoner to pay the filing fee in monthly installments.

8
9

Under the in forma pauperis statute, a prisoner proceeding in forma pauperis
“shall be required to pay the full amount of a filing fee.”

28 U.S.C. § 1915(b)(1). The

10

Court must collect, as partial payment, an initial partial filing fee of 20 percent of the

11

greater of:
(A) the average monthly deposits to the prisoner's account; or
(B) the average monthly balance in the prisoner's account for the 6-month period
immediately preceding the filing of the complaint or notice of appeal.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Id. Additionally, “[a]fter payment of the initial partial filing fee, the prisoner shall be
required to make monthly payments of 20 percent of the preceding month's income
credited to the prisoner's account.” 28 U.S.C. § 1915(b)(2). However, “in no event shall
a prisoner be prohibited from bringing a civil action or appealing a civil or criminal
judgment for the reason that the prisoner has no assets and no means by which to pay
the initial partial filing fee.” 28 U.S.C. § 1915(b)(4).
Therefore, to the extent Plaintiff has or will have funds available in his prisoner
trust fund account, the Court is authorized to collect a portion of those funds to cover
Plaintiff’s filing fee. If, however, Plaintiff has no funds available, his case will not be
barred solely on those grounds.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s request that the $350.00 filing fee be waived (ECF No. 12) is
DENIED.
2. Plaintiff will proceed in forma pauperis.

28
2

1

3. The Sheriff of the Fresno County Jail or his designee shall collect payments

2

from Plaintiff’s trust account in accordance with the Court’s June 15, 2016

3

order. (ECF No. 11.)

4
5

IT IS SO ORDERED.

6
7

Dated:

June 26, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3