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)

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