Rivera v. Fischer et al

Filing 118

DECISION & ORDER denying 117 Motion for a Monetary Award. Signed by Hon. Marian W. Payson on 2/29/2012. (KAH)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ROBERT RIVERA, DECISION & ORDER Plaintiff, 08-CV-6505L v. JAMES CONWAY, et al., Defendants. On January 12, 2011, a stipulation and order of settlement and dismissal was entered in the above-captioned case. (Docket # 116). The pro se inmate plaintiff, who had been proceeding in forma pauperis, subsequently filed a motion seeking from this court a monetary award of $350.00, the amount of the fee charged for filing a civil case. (Docket # 117). A review of the docket reveals that on July 7, 2011, the Clerk of the Court received a $350.00 payment for the filing fee. An examination of the clerk’s records reveals that the plaintiff’s filing fee was paid by the Gowanda Correctional Facility. 28 U.S.C. § 1915 provides that a court may authorize a prisoner to proceed in forma pauperis in order to bring a civil action without prepayment of fees. 28 U.S.C. § 1915(a). Proceeding in forma pauperis does not waive the fee for prisoners, however. The statute provides that prisoners shall be required to pay the full amount of the filing fee, and sets forth a system for collecting periodic payments from the prisoner’s trust fund account. 28 U.S.C. § 1915(b). This Court has uncovered no authority permitting it to waive payment of the civil filing fee altogether for prisoners. The plaintiff having now paid the statutorily required fee, his motion for a monetary award (Docket # 117) is DENIED. s/Marian W. Payson MARIAN W. PAYSON United States Magistrate Judge Dated: Rochester, New York February 29 , 2012

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?