Jason Allan Singer v. Matthew Braman et al

Filing 25

ORDER DENYING Motion to Suspend Remaining Filing Fee Balance, document 22 , signed by Magistrate Judge Erica P. Grosjean on 11/21/2022. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-00725-DAD-EPG

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JASON ALLAN SINGER,
Plaintiff,

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v.

ORDER DENYING MOTION TO
SUSPEND REMAINING FILING FEE
BALANCE
(ECF No. 22)

MATTHEW BRAMAN, et al.
Defendants.
Plaintiff Jason Allan Singer, appearing pro se, filed a complaint on May 18, 2017,

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pursuant to 42 U.S.C. § 1983, alleging civil rights violations against Defendants Downtowner

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Inn; Matthew Braman, the night manager of the Downtowner Inn; Sandy Cartwright, the night

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clerk at the Downtowner Inn; and Stephany Munoz, a room cleaner at the Downtowner Inn.

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Plaintiff generally alleged that Defendants conspired with the Bakersfield Police Department to

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violate his rights.

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On May 31, 2017, the Court granted Plaintiff’s application to proceed in forma

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pauperis, directing the California Department of Corrections and Rehabilitation to send

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payments in the amount of twenty percent (20%) of the preceding month’s income credited to

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Plaintiff’s prison trust account to the Clerk of the Court each time the amount in the account

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exceeded $10.00 until the statutory filing fee of $350 was paid in full under 28 U.S.C.

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§ 1915(b)(2). (ECF No. 10).
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On March 23, 2018, the assigned District Judge adopted the Court’s recommendation to

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dismiss the case due to Plaintiff’s failure to state a claim, failure to prosecute, and failure to

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comply with the Court’s orders. (ECF Nos. 19, 20). Judgment was entered the same day against

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Plaintiff, and the case was closed. (ECF No. 21).

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Now before the Court is Plaintiff’s motion, filed on November 18, 2022, to suspend the

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remaining balance of his filing fee, which he says has “continued to be a burden and undue

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hardship by taking 20% of [his] meager wages earned . . . in prison.” (ECF No. 22, p. 2)

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(capitalization omitted). Plaintiff cites no authority permitting the Court to reopen his case after

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approximately four-and-a-half years to suspend his payment of the filing fee required under

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§ 1915. And the Court notes that “Title 28 U.S.C. § 1915 does not provide any authority or

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mechanism for the Court to reduce or waive the payment of Plaintiff’s filing fee, suspend

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collection of the filing fee, or to reimburse any payments already made.” Bowersock v. Kernan,

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No. 1:18-CV-01040-BAM (PC), 2018 WL 5304810, at *1 (E.D. Cal. Oct. 24, 2018).

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Accordingly, IT IS ORDERED that Plaintiff’s motion to suspend the remainder of his
filing fee balance (ECF No. 22) is denied. This case remains closed.

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IT IS SO ORDERED.
Dated:

November 21, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

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