Ellis v. Washington State Dept of Corrections et al

Filing 6

ORDER denying 4 Motion signed by Judge David W. Christel. **3 PAGES, PRINT ALL**(MET)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8
JAMAL J. ELLIS,
9

Plaintiff,
10

CASE NO. 3:15-CV-05421-RBL-DWC
ORDER

v.
11
12
13

WASHINGTON STATE DEPT OF
CORRECTIONS, D HOLBROOK, S
SINCLAIR, DANIELLE
ARMBRUSTER, L YOUNG, J
AIYEKU, B WARNER,

14
Defendants.
15
16
Presently before the Court is Plaintiff’s Motion to Modify and/or Terminate Legal
17
Financial Obligations. Dkt. 4. It appears Plaintiff is requesting he not be required to pay a
18
financial obligation owed to the Washington State Department of Corrections arising out of his
19
conviction and/or sentence. Id. The current case involves a §1983 claim of an alleged denial of
20
Plaintiff’s Eighth Amendment rights and a motion seeking modification or termination of
21
financial obligations arising from a conviction or sentence is improper. See Dkt. 3. If Plaintiff
22
wishes to challenge his conviction or sentence (and the financial obligations therein) he may do
23
so through a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.
24

ORDER - 1

1

While Plaintiff’s intent is unclear, Plaintiff may be requesting Court relief from the

2 collection of his filing fee in this §1983 case. Dkt. 4. Thus, in an abundance of caution, the Court
3 will treat Plaintiff’s Motion as a request to waive the collection of his filing fee.
4

Plaintiff filed a Motion to Proceed in forma pauperis in this case on June 18, 2015. Dkt.

5 1. The Court granted Plaintiff’s Motion and has filed a separate order requiring Plaintiff to
6 amend his Complaint before service will be completed. See Dkt. 2, 5. Pursuant to 28 U.S.C. §
7 1915(b)(1):
8

10

[I]f a prisoner brings a civil action or files an appeal in forma
pauperis, the prisoner shall be required to pay the full amount of a
filing fee. The court shall assess and, when funds exist, collect, as a
partial payment of any court fees required by law, an initial partial
filing fee of 20 percent of the greater of-

11

(A)

12

(B)
the average monthly balance in the prisoner’s account for
the 6–monthly period immediately preceding the filing of the
complaint or notice of appeal.

9

13

the average monthly deposits to the prisoner’s account; or

14 Title 28 U.S.C. § 1915 does not provide any authority or mechanism for the Court to waive the
15 payment of a plaintiff’s filing fee or to return the filing fee after dismissal of an action. In
16 amending 28 U.S.C. § 1915 with the enactment of the Prison Litigation Reform Act of 1995,
17 Pub.L. No. 104–134, 110 Stat. 1321 (Apr. 26, 1996) (PLRA), Congress intended to provide
18 financial disincentives for prisoners filing lawsuits in forma pauperis. See Lyon v. Krol, 127 F.3d
19 763, 764 (8th Cir.1997) (“Congress enacted PLRA with the principal purpose of deterring
20 frivolous prisoner litigation by instituting economic costs for prisoners wishing to file civil
21 claims. See e.g., H.R. Conf. Rep. No. 104–378, at 166–67 (1995); 141 Cong. Rec. S14626 (daily
22 ed.) (Sept. 29, 1995) (statement of Sen. Dole)).
23
24

ORDER - 2

1

“Filing fees are part of the costs of litigation.” Lucien v. DeTella, 141 F.3d 773, 775 (7th

2 Cir.1998). Prisoner cases are no exception. The PLRA has no provision for return of fees
3 partially paid or for cancellation of the remaining fee. See Goins v. Decaro, 241 F.3d 260, 261–
4 62 (2d Cir. 2001) (inmates who proceeded pro se and in forma pauperis were not entitled to
5 refund of appellate fees or to cancellation of indebtedness for unpaid appellate fees after they
6 withdrew their appeals). In fact, “[a] congressional objective in enacting the PLRA was to
7 ‘mak[e] all prisoners seeking to bring lawsuits or appeals feel the deterrent effect created by
8 liability for filing fees.’” Id. at 261.
9

The decision to file and prosecute this case was made by Plaintiff before he filed this

10 lawsuit. Having filed this case, Plaintiff and the Court are both statutorily limited by the
11 strictures of 28 U.S.C. § 1915. Accordingly, to the extent Plaintiff is requesting the Court waive
12 payment of his filing fee, the Motion is denied.
13

Dated this 17th day of July, 2015.

A

14
15

David W. Christel
United States Magistrate Judge

16
17
18
19
20
21
22
23
24

ORDER - 3