Russell v. Arnold et al

Filing 17

ORDER signed by Magistrate Judge Deborah Barnes on 06/17/19 DENYING 16 -2 plaintiff's request for a waiver of the filing fee. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN JAMES RUSSELL,

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No. 2:17-cv-1918 DB P

Plaintiff,
v.

ORDER

E. ARNOLD, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 4, 2019, the court screened plaintiff’s complaint and granted his request to

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proceed in forma pauperis. (ECF No. 13). At that time, plaintiff was given the opportunity to do

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one of the following: (1) file a notice of dismissal, (2) file an amended complaint, or (3) proceed

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on his complaint as submitted. (See id. at 11).

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On June 13, 2019, plaintiff filed a notice of voluntary dismissal. (ECF No. 16). In it,
plaintiff asks the court to relieve him of payment of the $350.00 filing fee. (Id. at 2).
The court shall deny plaintiff’s request that the filing fee in this matter be waived. 28

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U.S.C. § 1915, which governs in forma pauperis proceedings, does not provide any authority or

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mechanism for the court to excuse plaintiff from having to pay the filing fee or to return any
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portion of it after the action has been dismissed for any reason. See generally 28 U.S.C. § 1915;

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see also Soares v. Paramo, No. 3:13-cv-2971 BTM RBB, 2018 WL 5962728, at *2 (S.D. Cal.

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Nov. 14, 2018) (citations omitted).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a waiver of the filing

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fee made within his notice of dismissal filed June 13, 2019 (see ECF No. 16 at 2), is DENIED.

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Dated: June 17, 2019

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/russ1981.ifp.waiv.den

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