Lyons v. Folsom Mercy Hospital

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/2011 ORDERING 18 that plaintiff's request for waiver of the full filing fee in this action is DENIED. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BART LYONS,

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Plaintiff,

No. 2:11-cv-0268 KJN P

vs.
FOLSOM MERCY HOSPITAL, et al.,
Defendants.

ORDER
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Plaintiff requests that the court waive the requirement that he pay the full filing

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fee in this action, due to plaintiff’s minimal resources and his other financial obligations.

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Plaintiff was granted in forma pauperis status in this action on February 14, 2011 (Dkt. No. 8);

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the order requiring monthly payments toward full payment of the statutory filing fee was initially

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directed to the Yolo County Sheriff (Dkt. No. 9), then, after plaintiff’s transfer, to the California

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Department of Corrections and Rehabilitation (“CDCR”) (Dkt. No. 15). That order requires that

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CDCR make monthly payments from plaintiff’s prison trust account, in the amount of twenty

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percent of the preceding month’s income credited to the account, each time the account exceeds

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$10.00, until the statutory filing fee of $350.00 is paid in full.

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There is no authority for granting plaintiff’s request. The in forma pauperis
statute mandates that a prisoner granted in forma pauperis status “shall be required to pay the full
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amount of the filing fee.” 28 U.S.C. § 1915(b)(1). The statute also establishes the calculation of

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monthly payments as set forth above. Id., § 1915(b)(2). Therefore, plaintiff’s request must be

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denied.

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Finally, the court notes that the problems identified in plaintiff’s prior filing (Dkt.

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No. 17, filed August 26, 2011), regarding the failure to obtain his legal materials, have now been

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resolved (see Dkt. No. 18, filed August 30, 2011).

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Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED that

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plaintiff’s request for waiver of the full filing fee in this action (Dkt. No. 18) is DENIED.

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DATED: September 2, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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lyon0268.misc

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