Johnson v. Kuehne et al
ORDER denying 12 Motion to Consolidate Collection of Filing Fees. Signed by District Judge Denise Page Hood. (JOwe)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
DARREN JOHNSON, #753595,
CASE NO. 2:12-CV-12878
HONORABLE DENISE PAGE HOOD
OFFICER KUEHNE, et al.,
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
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