(PC) Kenyon D. Brown v. CDCR Director ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENYON DARRELL BROWN, Case No. 1:21-cv-01186-NONE-SKO (PC) 12 Plaintiff, ORDER DENYING MOTION FOR RELIEF 13 v. FROM FILING FEE PAYMENTS 14 CDCR DIRECTOR, et al., (Doc. 10) 15 Defendants. 16 17 Plaintiff Kenyon Darrell Brown is a state prisoner proceeding pro se and in forma 18 pauperis in this action. On October 21, 2021, Plaintiff filed a motion requesting that the filing fee 19 for this action be waived, and that the California Department of Corrections and Rehabilitation 20 stop deducting filing-fee payments from his inmate trust account. (Doc. 10.) 21 Prisoners proceeding in forma pauperis are “required to pay the full amount of a filing 22 fee” of any civil action they initiate. 28 U.S.C. § 1915(b)(1). The in forma pauperis statute 23 provides that prisoners “shall be required to pay the full amount of a filing fee,” and the “court 24 shall assess and … collect … an initial partial filing fee of 20 percent” of the average monthly 25 deposits or average monthly balance in the prisoner’s trust account. 28 U.S.C. § 1915(b)(1) 26 (emphasis added). Additionally, “the prisoner shall be required to make monthly payments of 20 27 percent of the preceding month’s income.” Id. § 1915(b)(2) (emphasis added). 1 Thus, according to the statute, the Court does not have discretion to waive the filing fee. 2 The filing fee obligation and payment amounts are mandatory. See, e.g., Soares v. Paramo, No. 3 3:13-cv-02971-BTM-RBB, 2018 WL 5962728, at *2 (S.D. Cal. 2018); Cartwright v. Sparks, No. 4 1:94-cv-06044-AWI, 2012 WL 394175, at *1 (E.D. Cal. 2012); Adams v. Maricopa Cty. Sheriff's 5 Office, No. 2:10-cv-01558-PHX-RCB, 2010 WL 4269528, at *1-2 (D. Ariz. 2010). Accordingly, 6 Plaintiff’s motion is DENIED. 7 IT IS SO ORDERED. 8 9 Dated: October 22, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27