(PC)Sams v. Lundy ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JAMES PLAS SAMS, Case No. 1:23-cv-00172-HBK (PC) 11 Plaintiff, ORDER GRANTING PLAINTIFF’S 12 RENEWED MOTION TO PROCEED IN v. FORMA PAUPERIS AND REASSESSING 13 FULL FILING FEE LEANNA LUNDY, et al., 14 (Doc. No. 10) Defendants. 15 16 17 Pending before the Court is Plaintiff’s renewed motion to proceed in forma pauperis 18 (“IFP”) filed on August 7, 2023. (Doc. No. 10). Plaintiff, a former state prisoner, initiated this 19 action while he was incarcerated. (Doc. No. 1). Although currently released, Plaintiff remains 20 obligated to pay the full amount of the statutory filing fee. 28 U.S.C. § 1915(b)(1). As set forth 21 in the Court’s July 13, 2023 Order, the total amount that remains due towards the $350.00 filing 22 fee is $350.00. (Doc. No. 9 at 3). Due to Plaintiff’s release from custody, there is no inmate trust 23 account from which periodic filing fees may be garnished and forwarded to the Court. Although 24 the Ninth Circuit has yet to decide how a released prisoner who is obligated to “pay the full 25 amount of a filing fee” under 28 U.S.C. § 1915(b)(1) may proceed IFP after he is released, “the 26 Ninth Circuit [did note] ‘even prior to the PLRA…district courts possessed authority under the 27 non-PLRA-related provisions of § 1915 to require partial and/or installment payments.’” Makoni 28 v. Downs, 2016 WL 7210403, at *3 (S.D. Cal. Dec. 13, 2016) (quoting Putzer v. Attal, 2013 WL 1 | 4519351, at *2 (D. Nev. Aug. 23, 2013)) (citing Olivares v. Marshall, 59 F.3d 109, 111 (9th Cir. 2 | 1995)). 3 Plaintiff's renewed motion to proceed IFP makes the showing required to proceed IFP, but 4 | consistent with the Prison Litigation Reform Act, Plaintiff remains obligated to pay the full 5 | $350.00 statutory filing fee as set forth in 28 U.S.C. § 1915. Given Plaintiffs current financial 6 | situation, the Court will not assess a monthly installment payment at this time. However, Plaintiff 7 || remains responsible for the full $350.00 filing fee and will be required to notify the Court as soon 8 | as his financial situation changes. 9 Accordingly, it is ORDERED: 10 1. Plaintiff's renewed motion to proceed in forma pauperis, (Doc. No. 10) is GRANTED 11 and the Court assesses the full $350.00 filing fee due to Plaintiffs former prisoner 12 status. 13 2. Plaintiff shall notify the Court within thirty (30) days of any change in his current 14 financial situation, i.e. if Plaintiff secures employment or is deemed eligible to receive 15 any form of federal or state financial assistance. 16 3. Plaintiffs failure to timely notify the Court of a change in his financial circumstances 17 will result in the undersigned recommending the district court dismiss this action. 18 | Dated: _ October 20, 2023 Mihaw. Wh. foareh Zaskth 20 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28