Espey v. Deuel Vocational Institution

Filing 133

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/18 DENYING 132 Motion to vacate the monthly twenty percent deduction for payment of the filing fee. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FLOYD JOSEPH ESPEY,

12

No. 2: 13-cv-2147 TLN KJN P

Plaintiff,

13

v.

14

ORDER

DEUEL VOCATIONAL INSTITUTION,
et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C.

18
19

§ 1983. On April 7, 2017, this action settled. On May 12, 2017, this action was voluntarily

20

dismissed by stipulation. (ECF No. 130.)

21

On October 15, 2018, plaintiff filed a motion to vacate the twenty percent charge to his

22

inmate trust account for the filing fee in this action. Plaintiff alleges that the deductions to his

23

trust account for restitution and filing fees leave very little money in his trust account.1

24

Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff is obligated to pay the filing fee. After

25

plaintiff’s payment of the initial partial filing fee, plaintiff is obligated to make monthly payments

26

in the amount of twenty percent of the preceding’s month’s income credited to plaintiff’s trust

27
28

1

Plaintiff does not claim that the money deducted from his trust account for the filing fee in this
action is improperly deducted.
1

1

account. (ECF No. 19 at 1.) The court is not authorized to excuse plaintiff from his obligation to

2

pay the filing fee.

3

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to vacate the monthly

4

twenty percent deduction for payment of the filing fee (ECF No. 132) is denied.

5

Dated: November 15, 2018

6
7
8
Esp2147.ord
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2