1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 FREDDIE HUGHEY, Case No.: 18-cv-313-WQH-BGS CDCR #E-95781, 10 ORDER Plaintiff, 11 vs. 12

13 SCOTT KERNAN, Secretary at CDCR, 14 Defendant. 15 HAYES, Judge: 16 On April 15, 2022, Plaintiff Freddie Hughey, proceeding pro se and incarcerated at 17 Richard J. Donovan Correctional Facility in San Diego, California, filed a letter requesting 18 that the Court “remove” from his prison trust account the $350 filing fee related to the 19 above-captioned action and a $10,000 restitution fine imposed by a California state court. 20 (ECF No. 17 at 2). As the Court explained in the May 21, 2018 Order granting Plaintiff’s 21 Motion to Proceed In Forma Pauperis, the $350 filing fee required by

is 22 required to be paid pursuant to the payment provisions set forth in

(b)(1). 23 (ECF No. 4 at 2-3). Section 1915(b) does not grant a court discretion to “remove” the filing 24 fee from a prison trust account. See

(b)(1) (“[I]f a prisoner brings a civil 25 action or files an appeal in forma pauperis, the prisoner shall be required to pay the full 26 amount of a filing fee.”) (emphasis added); see also Taylor v. Delatoore,

, 27 851 (9th Cir. 2002) (holding that § 1915(b) is constitutional). 28 1 Similarly, this Court has no authority to “remove” the $10,000 restitution fine 2 ||imposed by the California state court. In his Complaint filed in this Court, Plaintiff claimed 3 || that he was entitled to early parole consideration and did not seek any relief related to the 4 ||$10,000 restitution fine. On March 5, 2019, Judgment was entered in favor of Defendant 5 ||in this case and, accordingly, the time for Plaintiff to amend his pleadings to add a claim 6 ||related to the restitution fine has expired. If Plaintiff wishes to challenge or otherwise 7 “remove” the fine, he must file a new action in the appropriate court. 8 IT IS HEREBY ORDERED that Plaintiffs request to remove the $350 filing fee and 9 $10,000 restitution fine from his prison trust account is denied. This case remains closed. 10 || Dated: May 9, 2022 BME: ie Z. A a 1] Hon. William Q. Hayes 2 United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2