Gonzalez v. Mason et al

Filing 18

ORDER DENYING REQUEST TO EXCUSE FILING FEE OBLIGATION (Illston, Susan) (Filed on 1/4/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MANUEL GONZALEZ,
Plaintiff,

8

ORDER DENYING REQUEST TO
EXCUSE FILING FEE OBLIGATION

9

v.

10

T. MASON, et al.,

United States District Court
Northern District of California

11

Case No. 05-cv-00113-SI

Re: Dkt. No. 17

Defendants.

12
13

Plaintiff has filed a request for the court to waive the filing fee in this long-closed action due

14

to his indigence. The request is DENIED. Docket No. 17. The obligation to pay the filing fee arose

15

when he filed his complaint in this action, and 28 U.S.C. § 1915(b) sets the schedule for deductions

16

from his inmate trust account to satisfy that obligation. The court does not have authority to excuse

17

plaintiff from the requirements of § 1915(b). Moreover, plaintiff’s argument that he was unaware

18

of the federal filing fee requirement when he filed the case is not persuasive, given that the

19

attachment to his request shows that he had been filing actions and accumulating filing fee

20

obligations for several years before filing this action. Plaintiff should not file any more letters or

21

requests in this closed case.

22
23
24
25
26
27
28

IT IS SO ORDERED.
Dated: January 4, 2019
______________________________________
SUSAN ILLSTON
United States District Judge