Wagner v. Worsham

Filing 26

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's request for return of fees [Doc. #25] is DENIED. IT IS FURTHER ORDERED that no additional filings related to plaintiff's filing fees shall be accepted by this Court. IT IS FURTHER ORDERED that an appeal of this Memorandum and Order shall not be taken in good faith. Signed by District Judge Catherine D. Perry on April 5, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BENJAMIN WAGNER,

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Plaintiff,
v.
DOUG WORSHAM,
Defendant.

No. 4:15-CV-1362 CDP

MEMORANDUM AND ORDER
Before the Court is plaintiff’s amended motion for relief related to his request for return
of the filing fees paid into this Court. Plaintiff seeks return of $103.28 received by this Court on
January 3, 2017, which he states was withheld from him by the Missouri Department of
Corrections on December 5, 2016, unlawfully. This is the fourth motion brought by plaintiff
seeking reduction or return of his filing fees.
Plaintiff, who is presently incarcerated at Farmington Correctional Center, brought the
instant action pursuant to 42 U.S.C. § 1983 on August 31, 2015 against FCC’s Supervisor of
Religious Programs, Doug Worsham. Plaintiff alleged that his religious rights were being
violated at FCC because as a member of the Church of Jesus Christ of Latter-day Saints (LDS),
he has been categorized as a General Christian Group. Plaintiff believed he was discriminated
against because other Christians did not believe in the Book of Mormon. The Court analyzed
plaintiff’s claims and found them subject to dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B).
Nevertheless, as a prisoner, plaintiff was required to pay the full amount of the filing fee,
pursuant to 28 U.S.C. § 1915.

Plaintiff states that between September 1, 2016 and September 30, 2016, he found out
that the Missouri Treasurer’s Office was holding seven (7) shares of stock in the plaintiff’s name
as “Lost Money.” Plaintiff requested that these shares be fully liquidated and the cash funds
produced from the liquidation be sent to him. Plaintiff claims that the funds were credited to
plaintiff’s account on December 5, 2016. An amount of $103.28 was received by this Court on
January 3, 2017.
Plaintiff argues that because he purchased the stocks for his own income between 1997
and 2011, and paid income tax during those years, the “income” was received prior to the filing
of this lawsuit. By asking the Missouri Treasure’s Office to fully liquidate his investment
portfolio into cash funds, plaintiff incurred “income” at that time, such that the Missouri
Department of Corrections was obligated, pursuant to the Prison Litigation Reform Act, to
provide the Court with 20% of his cash funds. See 28 U.S.C. § 1915.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s request for return of fees [Doc. #25] is
DENIED.
IT IS FURTHER ORDERED that no additional filings related to plaintiff’s filing fees
shall be accepted by this Court.
IT IS FURTHER ORDERED that an appeal of this Memorandum and Order shall not
be taken in good faith.
Dated this 5th day of April, 2017.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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