Buzzard et al v. ISRB

Filing 70

ORDER denying Plaintiff's 69 Motion for Waiver of Past Fees. Signed by Judge Robert S. Lasnik. **2 PAGE(S), PRINT ALL**(Ronald Buzzard, Prisoner ID: 846650; William Keisling, Prisoner ID: 862888)(LH)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 10 RONALD BUZZARD, JR. AND WILLIAM KEISLING, Plaintiffs, 11 12 13 Case No. C14-959-RSL ORDER DENYING MOTION FOR WAIVER OF FEES v. ISRB, et al., Defendants. 14 15 16 17 This matter comes before the Court on the “Motion for Waiver of Past Fees” filed by 18 plaintiff Ronald Buzzard, Jr. Dkt. # 69. As pertains to the above-captioned matter, 1 Mr. Buzzard 19 requests waiver of the amount he still owes on his filing fee: $175.00. Dkt. # 69 at 1–2. On June 20 9, 2014, Mr. Buzzard filed a “Declaration and Application to Proceed In Forma Pauperis” and a 21 form acknowledging responsibility for “payment of the full $350.00 filing fee under 28 U.S.C. 22 § 1915” and authorizing the agency having custody over him to collect this fee from his account 23 in monthly payments. Dkt. # 1. The Court granted Mr. Buzzard IFP status on July 28, 2014. Dkt. 24 # 8. Mr. Buzzard was a state prisoner at the time of that Order, and he remains a state prisoner 25 26 1 Judgment was issued in the above-captioned matter on July 22, 2015. Dkt. # 56. Mr. Buzzard’s civil rights complaint and action was dismissed with prejudice. Dkt. # 55. Mr. Buzzard also appears to 27 be seeking waiver of fees related to other actions he initiated in this District, see Dkt. # 69 at 1–2 (citing 28 case numbers), which the instant Order does not address. ORDER DENYING MOTION FOR WAIVER OF FEES - 1 1 today. Dkts. # 8, # 69. The 2014 Order granting Mr. Buzzard IFP status also directed the agency 2 having custody over Mr. Buzzard to collect monthly payments from his account until the entire 3 filing fee was paid. Dkt. # 8 at 2. Mr. Buzzard now requests that the Court waive the remainder 4 of the unpaid filing fee due to his inability to pay. Dkt. # 69. 5 “28 U.S.C. § 1915(a)(1) allows the district court to waive the [filing] fee, for most 6 individuals unable to afford it, by granting IFP status.” Andrews v. Cervantes, 493 F.3d 1047, 7 1051 (9th Cir. 2007). The Prison Litigation Reform Act (“PLRA”), however, altered the IFP 8 provisions for prisoners. Id. at 1052 (citing Abdul–Akbar v. McKelvie, 239 F.3d 307, 312 (3d 9 Cir. 2001) (en banc)). Although indigent prisoners are granted IFP status if they meet the 10 prerequisites, “§1915(b) provides that prisoners proceeding IFP must pay the filing fee as funds 11 become available in their prison accounts.” Id. Plaintiff is incarcerated and thus, under the 12 PLRA, he must pay portions of the filing fee as funds become available in his prison account. 13 Mr. Buzzard cites State v. Blazina, 182 Wn.2d 827 (2015), and State v. Ramirez, 191 Wn.2d 14 732 (2018), for his position that his filing fee should be waived, but these cases are inapplicable 15 because they pertain to legal financial obligations imposed by state courts in sentencing criminal 16 defendants, not to filing fees required by plaintiffs pursuing civil actions in federal court. 17 Therefore, Mr. Buzzard’s request to waive the filing fee is denied. 18 For all the foregoing reasons, Mr. Buzzard’s motion for waiver of fees (Dkt. # 69) 19 is DENIED. 20 21 DATED this 3rd day of June, 2021. 22 A Robert S. Lasnik 23 24 United States District Judge 25 26 27 28 ORDER DENYING MOTION FOR WAIVER OF FEES - 2

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?