Dearwester v. Scully et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 05/13/2020 DENYING 11 Motion for Relief from the Filing Fee. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Plaintiff,

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No. 2: 15-cv-0457 JAM KJN P

v.

ORDER

JAN SCULLY, et al.,

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Defendants.

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

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§ 1983. Pending before the court is plaintiff’s motion to be relieved from the filing fee. (ECF

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No. 11.) For the reasons stated herein, this motion is denied.
On April 6, 2015, the undersigned granted plaintiff’s application to proceed in forma

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pauperis. (ECF No. 4.) The undersigned directed the appropriate agency to collect the initial

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partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court. (Id.)

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Thereafter, plaintiff was obligated to make monthly payments of twenty percent of the preceding

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month’s income credited to his prison trust account. (Id.) These payments were to be forwarded

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by the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account

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exceeded $10.00, until the filing fee was paid in full.
On July 7, 2015, this action was dismissed. (ECF Nos. 8, 9.)

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In the pending motion, plaintiff alleges that due to the COVID-19 pandemic, plaintiff has

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been a valuable team member in producing tens of thousands of reusable fabric face masks.

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Plaintiff alleges that he works full time, seven days per week, for up to ten hours per day.

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Plaintiff alleges that he earns. $0.50 per hour.

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Plaintiff alleges that he has not received adequate amounts of food to cover the increased

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physical demands of his prison employment. Plaintiff alleges that due to the money he owes in

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filing fees and restitution, he does not have enough money to purchase supplemental food and

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coffee. Plaintiff alleges that $10.00 does not cover the incidentals he needs. Plaintiff requests

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that the court either waive the remaining balance of the filing fee owed or defer his partial filing

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fee payments.

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Plaintiff is required by law to pay the filing fee. 28 U.S.C.§ 1914(a), 1915(a)(b)(1). For

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this reason, despite plaintiff’s important work, the undersigned is not authorized to either waive

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or defer the remaining balance of plaintiff’s filing fee.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for relief from the filing

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fee (ECF No. 11) is denied.

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Dated: May 13, 2020

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Dear457.ord
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