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