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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 BLACKWELL SPENCER, Plaintiff, 12 13 14 CASE NO. 3:12-cv-06026-RJB ORDER v. DEPARTMENT OF CORRECTIONS, et al., Defendants. 15 16 THIS MATTER comes before the Court following the filing of a letter by Petitioner 17 Blackwell Spencer. Dkt. 14. The Court has reviewed the letter and the remainder of the file 18 herein. 19 Petitioner states that “the money that is being taken out of my check each month is more 20 than I can afford to pay #C12-6026-RJB.” Dkt. 14 at 1. Although the letter is unclear on this 21 point, presumably the financial obligation stems from the filing fee for this case, Cause No. 3:12- 22 cv-06026-RJB, and the Court operates under that assumption. The Court previously denied a 23 request by Petitioner for relief from payment of the filing fee, noting that (1) prisoners 24 ORDER - 1 1 proceeding in forma pauperis are required by statute to pay the full filing fee, 28 U.S.C. § 2 1915(b)(1), and (2) no costs beyond the filing fee were assessed against Petitioner. Dkt. 12. 3 Petitioner states that the financial obligation is causing him “a great hardship” and asks 4 whether there is “any kind of relief you can give me on the balance owed?” Dkt. 14 at 1. While 5 the Court may be sympathetic to Petitioner’s financial hardship, Petitioner has provided no 6 authority for this Court to depart from the statutory requirement, that “prisoner[s] shall be 7 required to pay the full amount of the filing fee,” when, as here, they proceed in forma pauperis. 8 See 28 U.S.C. § 1915(b)(1). Petitioner is essentially asking the Court to waive the filing fee, but 9 that would undermine the clear purpose of the statute. 10 Petitioner also requests the Court to “let me know what can be done,” and Petitioner 11 requests a copy of “what’s been payed [sic] and what I owe.” Id. Neither request is appropriately 12 addressed by the Court; the Court cannot provide Petitioner with legal advice, and the Court does 13 not manage prisoners’ financial accounts. Possibly the inmate account manager at Airway 14 Heights would have the requested information. 15 16 To the extent that Petitioner’s letter (Dkt. 14) should be construed as a motion, the motion is DENIED. 17 IT IS SO ORDERED. 18 The Clerk is directed to send uncertified copies of this Order to all counsel of record and 19 20 to any party appearing pro se at said party’s last known address. Dated this 18th day of April, 2017. A 21 22 ROBERT J. BRYAN United States District Judge 23 24 ORDER - 2

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