Johnson v. Kuehne et al

Filing 13

ORDER denying 12 Motion to Consolidate Collection of Filing Fees. Signed by District Judge Denise Page Hood. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DARREN JOHNSON, #753595, Plaintiff, CASE NO. 2:12-CV-12878 HONORABLE DENISE PAGE HOOD v. OFFICER KUEHNE, et al., Defendants. ____________________________________/ ORDER DENYING PLAINTIFF’S MOTION TO CONSOLIDATE COLLECTION OF FILING FEES Michigan prisoner Darren Johnson (“Plaintiff”) filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 against two state prison employees challenging prison misconduct violations that resulted in a 20-day loss of privileges and seeking monetary damages for mental distress and psychological injury. Plaintiff was granted leave to proceed without prepayment of the filing fee. The Court subsequently dismissed the complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b) for failure to state a claim upon which relief may be granted and concluded that an appeal could not be taken in good faith. This matter is before the Court on Plaintiff’s request to consolidate collection of the filing fee in this case with two other federal cases. Plaintiff seeks to lessen his financial obligation to the Court due to other prison expenses, such as personal items and medical costs. The Court has previously denied Plaintiff’s motion to waive the filing fee for his action. Under the Prison Litigation Reform Act (“PLRA”), a prisoner who qualifies to proceed in forma pauperis in a civil rights action is still liable for the civil action filing fee and must pay the fee through partial payments as outlined in 28 U.S.C. § 1915(b). The PLRA does not allow any exemptions to the requirement that an indigent prisoner pay the filing fee over time, nor does it provide for a waiver or extended delay in paying the fee. See White v. Paskiewicz, 89 F. App’x 582, 584 (6th Cir. 2004) (citing In re Prison Litigation Reform Act, 105 F.3d 1131, 1133-34 (6th Cir. 1997)). Plaintiff is liable for the full filing fee, to be paid in installments, even though he was granted in forma pauperis status and his complaint was dismissed. His other financial obligations are normal prison expenses and were taken into account in allowing Plaintiff to proceed without prepayment of the filing fee. Plaintiff’s motion is therefore DENIED. IT IS SO ORDERED. Dated: September 20, 2013 S/Denise Page Hood Denise Page Hood United States District Judge I hereby certify that a copy of the foregoing document was served upon counsel of record on September 20, 2013, by electronic and/or ordinary mail. S/LaShawn R. Saulsberry Case Manager 2

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