(PC) Greer v. C.D.C.R. - Folsom State Prison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Ronnie Joe Greer, No. 2:22-cv-00007-KJM-CKD 12 Plaintiff, ORDER 13 v. 14 C.D.C.R. - Folsom State Prison, et al., 1S Defendants. 16 17 On January 17, 2023, this court dismissed plaintiff Ronnie Joe Greer’s amended 18 | complaint for failure to state a claim. Prior Order (Jan. 17, 2023), ECF No. 12. Plaintiff, who 19 | was granted in forma pauperis status, Prior Order (Mar. 3, 2022), ECF No. 5, now moves the 20 | court “for waiver of the remaining balance of the court fee of $ 350.00,” Mot., ECF No. 14. 21 Under 28 U.S.C. § 1915, this court may waive the prepayment of the filing fee. However, 22 | the statute does not authorize the court to waive the fee itself. See 28 U.S.C. § 1915(b)(1); see 23 | also Hill v. Atchley, No. 20-03156, 2020 WL 7227156, at *3 (N.D. Cal. Dec. 8, 2020) 24 | (“28 U.S.C. § 1915(b)(1) only authorizes the district court to waive prepayment of the filing fee, 25 | not the filing fee itself.”); Reed v. Newsom, No. 20-2439, 2021 WL 3406283, at *2 (S.D. Cal. 26 | Aug. 4, 2021) (collecting cases). Because the court does not have authority to waive the filing 27 | fee, plaintiffs motion is denied. 28 | /// ] This order resolves ECF No. 14. 2 IT IS SO ORDERED. 3 DATED: June 29, 2023. 4 5 CHIEF ED STATES DISTRICT JUDGE 45