1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CUMMINS, No. 2:15-cv-00135-WBS-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 OFFICE OF THE PUBLIC DEFENDER, 15 Defendant. 16

17 Plaintiff is a state prisoner who brought this action under

. The court 18 granted him leave to proceed in forma pauperis under

on September 10, 2015. 19 ECF No. 10. The action proceeded through judgment, which was entered on July 20, 2016. ECF 20 No. 21. Plaintiff now seeks relief from his obligation to pay the filing fee. ECF No. 22. 21 Section 1915(a) authorizes courts to grant in forma pauperis status to prisoners who 22 23 cannot prepay the filing fee for a civil action. Section 1915(b) requires, however, that prisoners 24 who proceed in forma pauperis pay the full fee incrementally. The statute makes no provision by 25 which the court may relieve a prisoner from this obligation to pay the fee. Johnson v. Darr, No. 26 10cv2334-WQH-POR,

, at *2 (S.D. Cal. Aug. 31, 2018) (noting 27 that nothing in § 1915 provides for waiver of full payment of the filing fee or the return of any 28 1 | portion of the fee already paid and collecting cases). See Taylor v. Delatoore,

, 851 2 (9th Cir. 2002) (holding that § 1915(b) does not violate a prisoner’s rights to access the courts and ; to equal protection). Accordingly, plaintiff's March 1, 2024 motion for relief from his obligation to pay the

6 filing fee (ECF No. 22) is DENIED. 7 8 | Dated: April 24, 2024 ilttiz OLHEAI, 9 UNITED ETATIS MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28