Grady v. Harris

Filing 9

ORDER denying 8 Motion to Vacate the Filing Fee. Signed by Chief Judge Frank D. Whitney on 2/27/2018. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:17-cv-184-FDW
BOBBY RAY GRADY,

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Plaintiff,
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vs.
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SCOTT HARRIS,
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Defendant.
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__________________________________________)

ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s letter, (Doc. No. 8), that is
construed as a motion requesting that the Court vacate the filing fee.1
The Prison Litigation Reform Act (“PLRA”) provides that, “if a prisoner brings a civil
action … in forma pauperis, the prisoner shall be required to pay the full amount of the filing
fee….” 28 U.S.C. § 1915(b)(1). Thus, the PLRA “makes prisoners responsible for their filing fees
the moment the civil action or appeal is filed, … [and] by filing the complaint or notice of appeal,
the prisoner waives any objection to the fee assessment by the district court.” McGore v.
Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997) (citation omitted), overruled on other grounds
by Jones v. Bock, 549 U.S. 199 (2007); see also Goins v. Decaro, 241 F.3d 260, 262 (2d Cir. 2001)
(“we are not at liberty to read into the PLRA judicial authority to cancel remaining indebtedness
for withdrawn appeals.”); Williams v. Roberts, 116 F.3d 1126, 1127 (5th Cir. 1997) (“the filing fee
is to be assessed for the privilege of initiating an appeal, without regard to the subsequent
disposition of the matter.”).

1

This motion was also docketed in case number 5:17-cv-168-FDW.

1

Plaintiff is still required to pay the full filing fee even though he voluntarily dismissed this
action, and therefore, his request to vacate the filing fee is denied. See McGore, 114 F.3d at 607;
28 U.S.C. § 1915(b)(1).
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion to vacate the filing fee, (Doc. No. 8), is DENIED.

2.

The Clerk is instructed mail Plaintiff a blank § 1983 form.
Signed: February 27, 2018

2