(PC) Kenyon D. Brown v. CDCR Director

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA KENYON DARRELL BROWN, Case No. 1:21-cv-01186-NONE-SKO (PC) 12 Plaintiff, ORDER DENYING MOTION FOR RELIEF 13 v. FROM FILING FEE PAYMENTS CDCR DIRECTOR, et al., (Doc. 10) 15 Defendants.

Plaintiff Kenyon Darrell Brown is a state prisoner proceeding pro se and in forma pauperis in this action. On October 21, 2021, Plaintiff filed a motion requesting that the filing fee for this action be waived, and that the California Department of Corrections and Rehabilitation stop deducting filing-fee payments from his inmate trust account. (Doc. 10.)

Prisoners proceeding in forma pauperis are “required to pay the full amount of a filing fee” of any civil action they initiate. 28 U.S.C. § 1915(b)(1). The in forma pauperis statute provides that prisoners “shall be required to pay the full amount of a filing fee,” and the “court shall assess and … collect … an initial partial filing fee of 20 percent” of the average monthly deposits or average monthly balance in the prisoner’s trust account. 28 U.S.C. § 1915(b)(1) (emphasis added). Additionally, “the prisoner shall be required to make monthly payments of 20 percent of the preceding month’s income.” Id. § 1915(b)(2) (emphasis added).

1 Thus, according to the statute, the Court does not have discretion to waive the filing fee.

2 The filing fee obligation and payment amounts are mandatory. See, e.g., 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). Accordingly, Plaintiff’s motion is DENIED.

IT IS SO ORDERED.

9 Dated: October 22, 2021 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE