(PC) Dearwester v. California Department of Corrections and Rehabilitation

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA FRANK LEE DEARWESTER, Case No. 1:15-cv-00621-SKO (PC) 12 Plaintiff, ORDER DENYING MOTION FOR RELIEF FROM FILING FEE UNDER 28 U.S.C. 13 v. § 1915 CALIFORNIA DEPARTMENT OF (Doc. 9) CORRECTIONS AND REHABILITATION, et al., 16 Defendants.

18 Plaintiff Frank Lee Dearwester is a state prisoner proceeding in forma pauperis. On June 9, 2015, the Court dismissed this action as duplicative. (Doc. 8.) On May 8, 2020, Plaintiff filed a motion requesting relief from the filing fee payments required by 28 U.S.C. § 1915(b). (Doc. 9.)

21 Plaintiff’s motion is identical to a motion he filed in Dearwester v. California Department of Corrections and Rehabilitation, No. 1:15-cv-00354-SKO (E.D. Cal.) (Doc. 19). As the Court explained in denying the latter motion, the filing fee is mandatory for plaintiffs proceeding in forma pauperis; the Court does not have the discretion to waive it. See 28 U.S.C. § 1915(b); see also Soares v. Paramo, No. 3:13-cv-02971-BTM-RBB, 2018 WL 5962728, at *2 (S.D. Cal. 2018); Cartwright v. Sparks, No. 1:94-cv-06044-AWI, 2012 WL 394175, at *1 (E.D. Cal. 2012); Adams v. Maricopa Cty. Sheriff's Office, No. 2:10-cv-01558-PHX-RCB, 2010 WL 4269528, at *1-2 (D. Ariz. 2010). In addition, the Supreme Court has held that plaintiffs must make the filing- fee payments in a case simultaneously, not sequentially, with such payments in earlier-filed cases.

2 Bruce v. Samuels, 136 S. Ct. 627, 631-32 (2016). Accordingly, the Court DENIES Plaintiff’s motion.

IT IS SO ORDERED.

Sheila K. Oberto Dated: May 11, 2020 /s/ .

UNITED STATES MAGISTRATE JUDGE