(PC) Foust v. Ogboona ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARL FOUST, No. 2:20-cv-2229-JAM-EFB P 12 Plaintiff, 13 v. ORDER 14 A. OGBOONA, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On January 25, 2021, the court granted his request for leave to proceed in forma 19 pauperis, obligating him to pay the filing fee in full through monthly payments. ECF No. 32; 28 20 U.S.C. § 1915(b)(1). Plaintiff now seeks to be refunded the portion of the filing fee that he has 21 already paid because the court recommended that his case be dismissed (ECF No. 38). ECF No. 22 40. 23 Plaintiff is not entitled to a refund. His request is denied and he remains obligated to pay 24 the entire filing fee “in increments.” Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015); 25 see also 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002) 26 (“Under the PLRA, all prisoners who file IFP civil actions must pay the full amount of the filing 27 fee.”). 28 ///// ] Accordingly, IT IS ORDERED that plaintiff's May 3, 2021 request (ECF No. 40) is 2 || denied. 3 || DATED: June 14, 2021. tid, PDEA 4 EDMUND F. BRENNAN ; UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28