Bridges #437651 v. Collette et al

Filing 36

ORDER denying 35 plaintiff's motion to alter judgment; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Bridges #437651 v. Collette et al

Doc. 36

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION _____________________ ANTONIO VALLIN BRIDGES, Case No. 5:06-CV-46 Plaintiff, v. WILLIAM E. COLLETTE, WILLIAM C. WHITBECK, and CLIFFORD W. TAYLOR, ORDER Defendants. _____________________________/ Judgment having been entered in this matter on January 2, 2008, Plaintiff Antonio Vallin Bridges has further moved this Court to modify the Judgment to specify that all fees and costs are waived. While the request is reasonable in light of Plaintiff's indigence and the federal court's history of equitable treatment of indigent litigants, the relief sought directly contradicts the terms of section 804 of the Prisoner Litigation Reform Act ("PLRA"), Pub.L. No. 104-134, 110 Stat. 1321, §§ 801-810 (Apr. 26, 1996), codified at 28 U.S.C. § 1915 and especially subsections (b)(1)-(f)(2). Moreover, this relief sought has been repeatedly rejected by the case law of this Circuit: "Pauper status for inmates, as we previously knew it, no longer exists. While incarcerated, all prisoners must now pay the required filing fees and costs. . . . Prisoners are no longer entitled to a waiver of fees and costs." In re Alea, 286 F.3d 378, 380 (6th Cir. 2002) (quoting McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.1997)). It is also noted that, as of this time, while the filing fee has been assessed (see Order for Payment of Filing Fee, Dkt. No. 3), costs under 28 U.S.C. § 1920 have not been billed nor assessed by judgment or other order of this Court. Hon. Richard Alan Enslen

Dockets.Justia.com

THEREFORE, IT IS HEREBY ORDERED that Plaintiff Antonio Vallin Bridges's Motion to Alter or Amend Judgment (Dkt. No. 35) is DENIED. /s/ Richard Alan Enslen RICHARD ALAN ENSLEN SENIOR UNITED STATES DISTRICT JUDGE

DATED in Kalamazoo, MI: February 4, 2008

2