(PC) Sierra v. Sherman ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO SIERRA, ) Case No. 1:21-cv-01694-SAB (PC) ) 12 Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION 13 v. ) RELATING TO THE DEDUCTION OF FUNDS FROM HIS TRUST ACCOUNT TO PAY THE 14 STUART SHERMAN, et al., ) FILNG FEE FOR THIS ACTION ) 15 Defendants. ) (ECF No. 18) ) 16 ) 17 Plaintiff Francisco Sierra is proceeding pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s motion relating to the deduction of the filing fee from 20 his prison trust account statement, filed April 13, 2022. (ECF No. 18.) 21 On November 29, 2021, Plaintiff was granted leave to proceed in forma pauperis which 22 allowed him to litigate the case without prepayment of the $350 filing fee pursuant to 28 U.S.C. § 23 1915(a). (ECF No. 7.) Pursuant to Section 1915(b), however, Plaintiff is obligated to make monthly 24 payments of 20% of the preceding month's income in his trust account. (Id.) 25 In the current motion, Plaintiff contends that his family sent him a total of $40.00 in the month 26 of March and $8.00 was deducted for the filing fee in this case, but only $1.80 was deducted for case 27 number 2:21-cv-02396 which is also pending in this Court. (ECF No. 18.) Plaintiff has attached a 28 copy of his prison trust account statement for the month of March 2022 which reflects that $40.00 was 1 || deposited to his account. (Id.) As stated in the Court’s November 29, 2021 order, “Plaintiff is 2 || obligated to pay the monthly payments in the amount of twenty percent (20% ) of the preceding 3 || months’ income credited to plaintiffs trust account. The California Department of Corrections 1s 4 || required to send to the Clerk of the Court payments from plaintiff's account each time the amount in 5 || the account exceeds $10.00, until the statutory filing fee is paid in full.” (ECF No. 8.) 6 When the funds were deducted from Plaintiff's account on April 1, 2022, $80.00 was deducte 7 || for the instant case, however, only $1.80 was deducted for case number 2:21-cv-02396-JAMODM 8 || because the statute provides that $10.00 is to be left in the inmate’s trust account. (ECF No. 18 at 3.) 9 || Furthermore, Plaintiff is advised that CDCR's deductions from his inmate trust account were properly 10 || made in accordance with the Supreme Court decision in Bruce v. Samuels, 577 U.S. 82 (2016). In 11 || Bruce, the Supreme Court held that “monthly installment payments, like the initial partial payment, 12 || are to be assessed on a per-case basis” and that “simultaneous, not sequential, recoupment of multiple 13 || filing fees” is required by 28 U.S.C. 1915(b)(2). Id. at 84, 87. Therefore, the simultaneous deductions 14 || from Plaintiff's inmate trust account to pay multiple outstanding filing fees were lawful and properly 15 made. Id. Accordingly, Plaintiff's present motion challenging the deduction of the filing fee for this 16 || action is denied. 17 18 ||IT IS SO ORDERED. A (Fe _ 19 Dated: _ April 14, 2022 OF 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28