Jacobsen v. Diaz, et al.

Filing 19

ORDER Regarding Fee Reimbursement Inquiry 18 , signed by Magistrate Judge Barbara A. McAuliffe on 6/19/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACOBSEN,

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Plaintiff,

Case No. 1:18-cv-00199-BAM (PC)
ORDER REGARDING FEE
REIMBURSEMENT INQUIRY

v.
(ECF No. 18)
DIAZ, et al.,
Defendants.

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Plaintiff Michael Jacobsen (“Plaintiff”) is a county detainee proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s inquiry regarding reimbursement of his filing fee,

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filed June 11, 2018. (ECF No. 18.) Plaintiff states that if he can be reimbursed the $80.00 that

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has been withdrawn from his trust account towards the filing fee in this action, he would like to

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dismiss this action. (Id.)

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Plaintiff was granted leave to proceed in forma pauperis in this action on February 12,

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2018. (ECF No. 4.) Now that he has been granted leave to proceed in forma pauperis in this

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action, Plaintiff is required to pay the $350.00 filing fee in installments withdrawn from his

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prisoner trust account, as required by Title 28 U.S.C. § 1915(b)(1), which states:

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[I]f a prisoner brings a civil action or files an appeal in forma pauperis, the
prisoner shall be required to pay the full amount of a filing fee. The court shall
assess and, when funds exist, collect, as a partial payment of any court fees
required by law, an initial partial filing fee of 20 percent of the greater of—

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(A) the average monthly deposits to the prisoner’s account; or

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(B) the average monthly balance in the prisoner’s account for the 6-monthly
period immediately proceeding the filing of the complaint or notice of appeal.

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Title 28 U.S.C. § 1915 does not provide any authority or mechanism for the Court to reduce or

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waive the payment of Plaintiff’s filing fee, even if Plaintiff decides to voluntarily dismiss this

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action. The entire $350.00 filing fee is statutorily required, and must be collected from Plaintiff’s

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institutional account regardless of the outcome of this action. See, e.g., Myers v. Pulido, No.

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1:16-cv-00638-SAB-PC, 2016 WL 6723937, at *1 (E.D. Cal. Nov. 14, 2016).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 19, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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