Humes v. Olson

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 05/14/18 DENYING 20 , 21 plaintiff's motions to dismiss the filing fee and for funds to conduct discovery. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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No. 2:17-cv-2327 JAM AC P
Plaintiff,

v.

ORDER

TRACIE OLSON, et al.,

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Defendants.

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Plaintiff is a county prisoner proceeding pro se with an action pursuant to 42 U.S.C.

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§ 1983 and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Currently

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before the court are plaintiff’s motions to dismiss the filing fee and to provide plaintiff with $500

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per month to “facilitate discovery and other desired advances.” ECF Nos. 20, 21. Both requests

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will be denied.

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For prisoners, leave to proceed in forma pauperis means that they do not have to pay the

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entire filing fee up front and can instead pay in installments. 28 U.S.C. § 1915(b)(1). They are

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still required to pay filing fees in full for civil actions they file. Id. With respect to the request for

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funds, “‘the expenditure of public funds [on behalf of an indigent litigant] is proper only when

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authorized by Congress,’” Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) (quoting United

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States v. MacCollom, 426 U.S. 317, 321 (1976)), and the in forma pauperis statute does not

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authorize the expenditure of public funds to facilitate discovery, 28 U.S.C. § 1915.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to dismiss the filing fee

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(ECF No. 20) and for funds to conduct discovery (ECF No. 21) are denied.

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DATED: May 14, 2018

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