(PC) Harper v. Path ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOHNATHAN SETH HARPER, Case No. 1:21-cv-00558-JLT-HBK (PC) 11 Plaintiff, ORDER GRANTING PLAINTIFF’S 12 RENEWED MOTION TO PROCEED IN v. FORMA PAUPERIS AND REASSESSING 13 FULL FILING FEE WELL PATH, et al., 14 (Doc. No. 31) Defendants. 15 16 17 Pending before the Court is Plaintiff’s renewed motion to proceed in forma pauperis 18 (“IFP”) filed on October 19, 2023. (Doc. No. 31). 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 $141.17. (Doc. No. 30 at 3). Due to Plaintiff’s release from custody, there is no inmate 23 trust account from which periodic filing fees may be garnished and forwarded to the Court. 24 Although the Ninth Circuit has yet to decide how a released prisoner who is obligated to “pay the 25 full amount of a filing fee” under 28 U.S.C. § 1915(b)(1) may proceed IFP after he is released, 26 “the Ninth Circuit [did note] ‘even prior to the PLRA…district courts possessed authority under 27 the non-PLRA-related provisions of § 1915 to require partial and/or installment payments.’” 28 Makoni v. Downs, 2016 WL 7210403, at *3 (S.D. Cal. Dec. 13, 2016) (quoting Putzer v. Attal, 1 | 2013 WL 4519351, at *2 (D. Nev. Aug. 23, 2013)) (citing Olivares v. Marshall, 59 F.3d 109, 111 2 | (9th Cir. 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 balance of $141.17 that remains due on the full $350.00 filing fee and 8 || will be required to notify the Court as soon as his financial situation changes. 9 Accordingly, it is ORDERED: 10 1. Plaintiff's renewed motion to proceed in forma pauperis, (Doc. No. 31) is GRANTED 11 and the Court assesses the remaining balance of $141.17 that remains due on the full 12 $350.00 filing fee due to Plaintiff's former prisoner 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 4. The Court will screen Plaintiff's Second Amended Complaint (Doc. No. 32) in due 19 course. 20 21 Dated: _ November 2, 2023 law ZA. foareh Back 22 HELENA M. BARCH-KUCHTA 33 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28