(PC) Rood v. Department of Corrections

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA COLTON JAMES ROOD, Case No. 1:19-cv-01517-JLT-HBK (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S RENEWED MOTION TO PROCEED IN 13 v. FORMA PAUPERIS N. KEOVILAY-SEE and SCOTT (Doc. No. 87) FRAUENHEIM, 15 ORDER DIRECTING MONTHLY Defendants. INSTALLMENT PAYMENTS TOWARD 16 FILING FEE 18 Pending before the Court is Plaintiff’s renewed motion to proceed in forma pauperis (“IFP”) filed on March 4, 2024. (Doc. No. 87). Plaintiff, a former prisoner initiated this action while he was incarcerated within the California Department of Corrections and Rehabilitation.

21 (Doc. No. 1). Although currently released, Plaintiff remains obligated to pay the full amount of the statutory filing fee. 28 U.S.C. § 1915(b)(1). As set forth in the Court’s January 9, 2024 Order, the total amount that remains due towards the $350.00 filing fee is $350.00. (Doc. No. 77 at 3). Due to Plaintiff’s release from custody, there is no inmate trust account from which periodic filing fees may be garnished and forwarded to the Court. Although the Ninth Circuit has yet to decide how a released prisoner who is obligated to “pay the full amount of a filing fee” under 28 U.S.C. § 1915(b)(1) may proceed IFP after he is released, “the Ninth Circuit [did note] ‘even prior to the PLRA…district courts possessed authority under the non-PLRA-related | provisions of § 1915 to require partial and/or installment payments.’” Makoni v. Downs, 2016 | WL 7210403, at *3 (S.D. Cal. Dec. 13, 2016) (quoting Putzer v. Attal, 2013 WL 4519351, at *2 | (D. Nev. Aug. 23, 2013)) (citing Olivares v. Marshall, 59 F.3d 109, 111 (9th Cir. 1995)).

4 Plaintiff's renewed motion to proceed IFP makes the showing required to proceed IFP, but | consistent with the Prison Litigation Reform Act, Plaintiff remains obligated to pay the full | $350.00 statutory filing fee as set forth in 28 U.S.C. § 1915. Pursuant to § 1915(b)(1), the Court | will assess a monthly installment payment of $14.50, which is 1% of Plaintiffs reported monthly | income. Plaintiff’s first installment payment will be due on April 5, 2024. Plaintiff shall | continue to make monthly installment payments of $14.50 on or before the 5th day of each | succeeding month until the $350.00 filing fee is paid in full.

11 Accordingly, it is ORDERED: 12 1. Plaintiff's renewed motion to proceed in forma pauperis (Doc. No. 87) is GRANTED.

13 2. No later than April 5, 2024, Plaintiff shall mail to the Clerk of Court his first 14 monthly installment payment of $14.50. The payment may be made by cashier’s 15 check or money order and made payable to the Clerk of Court. Plaintiff shall include 16 his name and Case No. 1:19-cv-1517-JLT-HBK on the check.

17 3. Plaintiff shall continue to make monthly installment payments of $14.50 to the Clerk 18 of Court on or before the 5th day of each succeeding month until his $350.00 filing fee 19 is paid in full.

20 4. Plaintiffs failure to timely make the $ 14.50 monthly installment payment without a 21 showing of good cause will result in the undersigned recommending the district court 22 dismiss this action as a sanction for Plaintiffs failure to obey a court order. ** | Dated: _ March 5, 2024 Mihaw. Wh. foareh fackte 25 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE