Spencer v. Department of Corrections et al

Filing 15

ORDER denying 14 Motion to stop collecting fees, signed by Judge Robert J. Bryan.**2 PAGE(S), PRINT ALL**(Blackwell Spencer, Prisoner ID: 714707)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BLACKWELL SPENCER,
Plaintiff,

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CASE NO. 3:12-cv-06026-RJB
ORDER

v.
DEPARTMENT OF CORRECTIONS, et
al.,
Defendants.

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THIS MATTER comes before the Court following the filing of a letter by Petitioner

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Blackwell Spencer. Dkt. 14. The Court has reviewed the letter and the remainder of the file

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herein.

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Petitioner states that “the money that is being taken out of my check each month is more

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than I can afford to pay #C12-6026-RJB.” Dkt. 14 at 1. Although the letter is unclear on this

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point, presumably the financial obligation stems from the filing fee for this case, Cause No. 3:12-

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cv-06026-RJB, and the Court operates under that assumption. The Court previously denied a

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request by Petitioner for relief from payment of the filing fee, noting that (1) prisoners

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ORDER - 1

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proceeding in forma pauperis are required by statute to pay the full filing fee, 28 U.S.C. §

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1915(b)(1), and (2) no costs beyond the filing fee were assessed against Petitioner. Dkt. 12.

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Petitioner states that the financial obligation is causing him “a great hardship” and asks

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whether there is “any kind of relief you can give me on the balance owed?” Dkt. 14 at 1. While

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the Court may be sympathetic to Petitioner’s financial hardship, Petitioner has provided no

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authority for this Court to depart from the statutory requirement, that “prisoner[s] shall be

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required to pay the full amount of the filing fee,” when, as here, they proceed in forma pauperis.

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See 28 U.S.C. § 1915(b)(1). Petitioner is essentially asking the Court to waive the filing fee, but

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that would undermine the clear purpose of the statute.

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Petitioner also requests the Court to “let me know what can be done,” and Petitioner

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requests a copy of “what’s been payed [sic] and what I owe.” Id. Neither request is appropriately

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addressed by the Court; the Court cannot provide Petitioner with legal advice, and the Court does

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not manage prisoners’ financial accounts. Possibly the inmate account manager at Airway

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Heights would have the requested information.

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To the extent that Petitioner’s letter (Dkt. 14) should be construed as a motion, the
motion is DENIED.

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IT IS SO ORDERED.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

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to any party appearing pro se at said party’s last known address.
Dated this 18th day of April, 2017.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER - 2