Lawson v. Alvardo et al

Filing 16

ORDER DENYING 15 Motion for Relief From Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 8/28/17. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE J. LAWSON, 12 13 14 15 Plaintiff, Case No. 1:16-cv-01706-BAM (PC) ORDER DENYING MOTION FOR RELIEF FROM FILING FEE v. (ECF No. 15) ALVARADO, et al., Defendants. 16 17 Plaintiff Ronnie J. Lawson (“Plaintiff”), a federal prisoner proceeding pro se, filed this 18 civil rights action pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 19 (1971) on October 11, 2016. (ECF No. 1.) On May 4, 2017, the Court dismissed this action as 20 duplicative of case number 1:14-cv-00576-EPG. (ECF No. 13.) Judgment was entered 21 accordingly that same day. (ECF No. 14.) 22 Currently before Court is a letter from Plaintiff filed on August 21, 2017, construed as a 23 motion for relief from filing fees. (ECF No. 15.) Plaintiff seeks information regarding why he 24 should continue to pay a filing fee to the Court following the dismissal of his case. (Id.) 25 Earlier in this case, the Court granted Plaintiff’s motion to proceed in forma pauperis. 26 (ECF No. 10.) It was explained to Plaintiff that he was obligated to pay the statutory filing fee of 27 $350.00 for this action, in monthly payments of twenty percent of the preceding month’s income 28 credited to his trust account. (Id. at 2.) The Warden of USP-Lewisburg or his designee was 1 1 ordered to send to the Clerk of the court payments from Plaintiff’s account each time the amount 2 in the account exceeds $10.00, until the statutory filing fee is paid in full. (Id. (citing 28 U.S. § 3 1915(b)(2))). The entire $350.00 filing fee is statutorily required, and must be collected from 4 Plaintiff’s institutional account regardless of the outcome of this action. See, e.g., Myers v. 5 Pulido, No. 1:16-cv-00638-SAB-PC, 2016 WL 6723937, at *1 (E.D. Cal. Nov. 14, 2016). As a 6 result, Plaintiff’s motion to be relieved of the obligation to pay this fee is denied. 7 8 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for relief from filing fee (ECF No. 15) is DENIED. 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara August 28, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?