Bozeman v. Santoro et al

Filing 28

ORDER DENYING 27 Request to Waive Filing Fee signed by Magistrate Judge Gary S. Austin on 07/28/2021. (Flores, E)

Case 1:17-cv-01247-DAD-GSA Document 28 Filed 07/28/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID BOZEMAN,

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Plaintiff,
vs.

1:17-cv-01247-DAD-GSA-PC
ORDER DENYING REQUEST TO WAIVE
FILING FEE
(ECF No. 27.)

SANTORO, et al.,
Defendants.

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David Bozeman (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983 and Title II of the Americans with

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Disabilities Act, 42 U.S.C. § 12132. This case was dismissed by the court and closed on

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November 26, 2019. (ECF No. 25.)

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On July 26, 2021, Plaintiff filed a motion to waive payment of the filing fee for this action.
(ECF No. 27.) Plaintiff argues that he does not have money.

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Plaintiff’s argument is unpersuasive. Plaintiff was notified by the court’s order of

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October 13, 2017, that he would be obligated to pay the filing fee in full. (ECF No. 5.) Moreover,

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Plaintiff signed and dated his application to proceed in forma pauperis filed on October 12, 2017,

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which clearly states directly above Plaintiff’s signature, “I hereby authorize the agency having

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custody of me to collect from my trust account and forward to the Clerk of the United States
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Case 1:17-cv-01247-DAD-GSA Document 28 Filed 07/28/21 Page 2 of 2

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District Court payments in accordance with 28 U.S.C. section 1915(b)(2).” (ECF No. 4.)

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Plaintiff shall not be excused from paying the filing fee because he is indigent. The filing fee is

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collected as payment for filing the case and Plaintiff’s case was filed on September 18, 2017.

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(ECF No. 1.) Therefore, Plaintiff’s request shall be denied.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for the court to waive
payment of the filing fee for this case, filed on July 26, 2021, is DENIED.

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IT IS SO ORDERED.
Dated:

July 28, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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