Baker v. Retelsdorf et al

Filing 49

MEMORANDUM AND ORDER - Plaintiff's "Petition to Offset Payments" 47 is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
REGINALD G. BAKER,
Plaintiff,

4:14CV3103

vs.
LEIGH ANN RETELSDORF, TOM
RILEY, BRENDA LEUCK, and RYAN
LINDBERG,

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on Plaintiff’s “Petition to Offset Payments.” (Filing
No. 47.) Plaintiff requests that the court delay collecting the remaining amount of the
filing fee in this case until after his release from prison. He states that collection of the
filing fee, along with the filing fee in his other case (Baker v. Kozeny, et al., Case No.
4:14CV3102), causes him severe financial burden.
As the court previously explained to Plaintiff, see Filing No. 45, 28 U.S.C. §
1915(b)(2) requires that, “the prisoner shall be required to make monthly payments of 20
percent of the proceeding month’s income credited to the prisoner’s account.” Section
1915(b) is written in mandatory terms (“shall”), leaving no discretion to the court to
delay collecting an in forma pauperis prisoner’s filing fee.
IT IS ORDERED that: Plaintiff’s “Petition to Offset Payments” is denied.
Dated this 28th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge