Johnson v. Commonwealth of Massachusetts et al

Filing 54

Chief Judge Patti B. Saris: ORDER ON MOTION TO REQUEST WAIVER OF MONTHLY FEES entered. Despite the fact that Johnson is now in a halfway house, he is still obligated to make monthly payments, when funds exist, towards the filing fee for this action. It is hereby Ordered that the motions (Docket Nos. 45, 50) are DENIED. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
DON EARL JOHNSON,
Plaintiff,
v.
COMMONWEALTH OF MASSACHUSETTS,
Defendants.

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Civ. Action No. 15-13386-PBS

ORDER ON MOTION TO REQUEST WAIVER OF MONTHLY FEES
May 30, 2017
SARIS, C.D.J.
Plaintiff Don Earl Johnson initiated this action while in
custody of USP Coleman.

By Order dated February 24, 2016,

Johnson was permitted to proceed in forma pauperis.
No. 9.

See Docket

The Court directed the appropriate prison official to

withdraw an initial partial payment from his account, followed
by payments on a monthly basis until the $350.00 filing fee is
paid in full pursuant to 28 U.S.C. § 1915(b)(1)-(2).
Nos. 9, 10.

See Docket

The monthly payments are to be sent each time the

amount in Johnson’s prison trust account (or institutional
equivalent) exceeds $10.00.

See 28 U.S.C. § 1915(b)(2).

Now before the Court are Johnson’s motions seeking to waive
his obligation to continue making monthly payments towards the
filing fee for this action.

See Docket Nos. 45, 50.

In

support, Johnson states that he now resides in a halfway house.
Because of his disability, he is not permitted to work and he
has no source of income at this time to make payments.

Although Johnson is no longer at USP Coleman, he is
nonetheless a “prisoner” within Section 1915(h)’s definition1
because his confinement at a halfway house is as a result of his
criminal violation.

See Jackson v. Johnson, 475 F.3d 261, 2007

WL 10728 (5th Cir. Jan. 3, 2007) (plaintiff, a halfway house
resident, was a “prisoner” within § 1915(h)'s definition because
he was confined as a result of his criminal violation); Asquith
v. Dept. of Corr., 186 F.3d 407, 411 (3d Cir. 1999) (halfway
houses are institutional confinement similar to prison).
Despite the fact that Johnson is now in a halfway house, he
is still obligated to make monthly payments, when funds exist,
towards the filing fee for this action.

Accordingly, it is

hereby Ordered that the motions (Docket Nos. 45, 50) are DENIED.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

1

The in forma pauperis statute defines a “prisoner” as “any person
incarcerated or detained in any facility who is accused of, convicted of,
sentenced for, or adjudicated delinquent for, violations of criminal law or
the term and conditions of parole, probation, pretrial release, or
diversionary program.” See 28 U.S.C. § 1915(h).

2