Prine (ID 81295) v. Schroeder
MEMORANDUM AND ORDER ENTERED: Plaintiff's motion for an order waiving the filing fee 11 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 12/05/17. Mailed to pro se party John Robert Prine by regular mail. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JOHN ROBERT PRINE,
CASE NO. 17-3128-SAC
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for order
waiving filing fees (Doc. #11). On September 22, 2017, the Court
dismissed this matter for failure to state a claim for relief under
42 U.S.C. § 1983 (Doc. #7), and on October 25, 2017, the Court denied
plaintiff’s motion for reconsideration (Doc. #10).
Plaintiff describes himself as a “natural person” and broadly
asserts that as such, he cannot be charged a fee for any action taken
to exercise a constitutional right (Doc. #11, p. 1).
Congress enacted the federal in forma pauperis statute, 28 U.S.C.
§ 1915, to ensure access to the courts by persons financially unable
to pay court fees. See Coleman v. Tollefson, ___ U.S. ___, 135 S.Ct.
1759, 1761 (2015). Section 1915(a)(1) permits the federal courts to
“authorize the commencement … of any suit … without prepayment of fees”
if a person submits an affidavit that shows he “is unable to pay such
In the Prison Litigation Reform Act (PLRA), Pub. L. No. 104-134,
110 Stat. 321 (1996), Congress addressed the “sharp rise in prisoner
litigation in the federal courts.” Woodford v. Ngo, 548 U.S. 81, 84
(2006). In part, the PLRA modified 28 U.S.C. § 1915 to require
prisoners proceeding without the prepayment of fees to pay their
filing fees in installments calculated upon the amount in their
institutional financial accounts. 28 U.S.C. § 1915(b).
While this statute allows those prisoners who demonstrate that
their financial resources are insufficient to prepay their filing fees
to pay them in installments, it does not permit them to avoid the
payment of statutory filing fees entirely. Plaintiff’s motion is
legally frivolous and must be denied.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff’s motion for
an order waiving the filing fee (Doc. #11) is denied.
IT IS SO ORDERED.
This 5th day of December, 2017, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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