(PC) Bazzo v. State of California et al

Filing 24

ORDER DENYING 23 Plaintiff's Motion to Remove Filing Fee signed by Magistrate Judge Stanley A. Boone on 3/4/2025. (Deputy Clerk JPX)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK MONACO BAZZO,

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Plaintiff,

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No. 1:23-cv-01454-KES-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO REMOVE FILING FEE

v.
(ECF No. 23)
STATE OF CALIFORNIA, et al.

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Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C.

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§ 1983.
Currently before the Court is Plaintiff’s motion to remove the filing fee, filed March 3,

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2025.
On November 22, 2024, the Court granted Plaintiff’s motion to proceed in forma pauperis

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in this action, and advised Plaintiff that “[t]he Director of the California Department of

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Corrections or designee shall collect payments from plaintiff's prison trust account in an amount

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equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust

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account and shall forward those payments to the Clerk of the Court each time the amount in the

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account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has

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been collected and forwarded to the Clerk of the Court.” (ECF No. 20.)

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Although Plaintiff seeks to stop the deduction of the filing fee from his prisoner trust

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account, he fails to provide any authority to do so, and the Court finds no such authority. While

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Plaintiff may not currently have funds in his trust account, he is nonetheless obligated to pay the

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filing fee and the Court shall collect an mount equal to 20% when his account exceeds $10.00, in

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accordance with 28 U.S.C. § 1915(b)(2). Accordingly, Plaintiff’s motion to remove the filing fee

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is DENIED.

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IT IS SO ORDERED.
Dated:

March 4, 2025
STANLEY A. BOONE
United States Magistrate Judge

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