Rubio v. Diaz et al

Filing 38

ORDER DENYING 36 Motion Re Filing Fee Deductions. Signed by Judge Nancy Stein Nowak. (rf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

MANUEL R. RUBIO,
TDCJ No. 636767,

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Plaintiff,
v.
F. DIAZ, Gang Intelligence Sgt.,
Dolph Briscoe Unit, and
E. KENNEDY, Senior Warden
Dolph Briscoe Unit,
Defendants.

CIVIL ACTION NO.
SA-08-CV-0942 NN

ORDER DENYING MOTION RE FILING FEE DEDUCTIONS
The matter before the court is plaintiff’s motion to suspend deductions from his inmate
account to cover the $350.00 filing fee for this case until his release from prison, and to allow him
to make monthly installment payments on the remaining balance after his release (docket entry 36).
Essentially, plaintiff is asking for modification of the Order Directing Monthly Payments entered on
December 8, 2008 (docket entry 3).
Pursuant to 28 U.S.C. § 1915 a prisoner who brings a civil action in forma pauperis must
pay an initial partial filing fee and thereafter pay the balance of the $350 filing fee through monthly
deductions from the prisoner's institutional trust fund account. Section § 1915(b)(1) requires this
Court to direct a plaintiff's institution to deduct twenty percent (20%) of each month's income
credited to plaintiff’s inmate trust account and forward payments to the Court provided the account
exceeds $10.00, until the $350 filing fee is paid.
Therefore this Court has no authority to exempt Plaintiff. Furthermore because the
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deductions apply to only 20% of his income Plaintiff is still left with funds.
Accordingly, the motion to suspend payments is DENIED.
SIGNED on July 28, 2011.

_____________________________________
NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE

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