Lawson v. Alvardo et al

Filing 18

ORDER Denying Renewed 17 Motion for Relief from Filing Fee signed by Magistrate Judge Barbara A. McAuliffe on 03/26/2019. (Flores, E)

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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 RENEWED MOTION
FOR RELIEF FROM FILING FEE

v.
(ECF No. 17)
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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On August 21, 2017, Plaintiff filed a letter, construed as a motion for relief from filing

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fees, seeking information regarding why he should continue to pay a filing fee to the Court

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following the dismissal of his case. (ECF No. 15.) The Court responded on August 29, 2017,

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denying the motion. (ECF No. 16.)

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Currently before the Court is a renewed motion for relief from the filing fee, filed March

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20, 2019, wherein Plaintiff argues that the encumbrance of funds in his account for payment of

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the filing fee is a cruel and unusual punishment, and requests that a judge lift the encumbrance.
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(ECF No. 17.)
As Plaintiff has been informed, earlier in this case, the Court granted Plaintiff’s motion to

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proceed in forma pauperis. (ECF No. 10.) It was explained to Plaintiff that he was obligated to

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pay the statutory filing fee of $350.00 for this action, in monthly payments of twenty percent of

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the preceding month’s income credited to his trust account. (Id. at 2.) The Warden of USP-

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Lewisburg or his designee was ordered to send to the Clerk of the court payments from Plaintiff’s

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account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid

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in full. (Id. (citing 28 U.S. § 1915(b)(2))). The entire $350.00 filing fee is statutorily required,

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and must be collected from Plaintiff’s institutional account regardless of the outcome of this

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action. See, e.g., Myers v. Pulido, No. 1:16-cv-00638-SAB-PC, 2016 WL 6723937, at *1 (E.D.

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Cal. Nov. 14, 2016). As a result, Plaintiff’s renewed motion to be relieved of the obligation to

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pay this fee is denied.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s renewed motion for relief from

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filing fee (ECF No. 17) is DENIED. Any further motions raising this issue will be summarily

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denied.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 26, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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