1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE MIGUEL RIOS, Case No. 1:23-cv-01595-HBK (PC)

12 Plaintiff, ORDER GRANTING PLAINTIFF’S RENEWED MOTION TO PROCEED IN 13 v. FORMA PAUPERIS AND REASSESSING FULL FILING FEE 14 ORTIZ, (Doc. No. 29) 15 Defendant. 16 17 Pending before the Court is Plaintiff’s renewed motion to proceed in forma pauperis 18 (“IFP”) filed on December 19, 2024. (Doc. No. 29). Plaintiff, a former state prisoner, initiated 19 this action while he was incarcerated. (Doc. No. 1). Although currently released, Plaintiff 20 remains obligated to pay the full amount of the statutory filing fee.

(b)(1). As 21 set forth in the Court’s December 9, 2024 Order, the total amount that remains due towards the 22 $350.00 filing fee is $350.00. (Doc. No. 27 at 3). Due to Plaintiff’s release from custody, there is 23 no inmate trust account from which periodic filing fees may be garnished and forwarded to the 24 Court. Although the Ninth Circuit has yet to decide how a released prisoner who is obligated to 25 “pay the full amount of a filing fee” under

(b)(1) may proceed IFP after he is 26 released, “the Ninth Circuit [did note] ‘even prior to the PLRA…district courts possessed 27 authority under the non-PLRA-related provisions of § 1915 to require partial and/or installment 28 payments.’” Makoni v. Downs,

, at *3 (S.D. Cal. Dec. 13, 2016) (quoting 1 | Putzer v. Attal,

, at *2 (D. Nev. Aug. 23, 2013)) (citing Olivares v. Marshall, 2 |

(9th Cir. 1995)). 3 Plaintiff's renewed motion to proceed IFP makes the showing required to proceed IFP, but 4 | consistent with the Prison Litigation Reform Act, Plaintiff remains obligated to pay the full 5 | $350.00 statutory filing fee as set forth in

. Given Plaintiffs current financial 6 | situation, the Court will not assess a monthly installment payment at this time. However, Plaintiff 7 || remains responsible for the full $350.00 filing fee and is required to notify the Court as soon as 8 | his financial situation changes. 9 Accordingly, it is ORDERED: 10 1. Plaintiff's renewed motion to proceed in forma pauperis, (Doc. No. 29) is GRANTED 11 and the Court assesses the full $350.00 filing fee due to Plaintiffs former prisoner 12 status. 13 2. Plaintiff shall notify the Court within thirty (30) days of any change in his current 14 financial situation, 1.e. if Plaintiff secures employment or is deemed eligible to receive 15 any form of federal or state financial assistance. 16 3. Plaintiffs failure to timely notify the Court of a change in his financial circumstances 17 may result in the Court dismissing this action as a sanction for failing to comply with a 18 Court order. See Local Rule 110. 19 20 Dated: _ January 17, 2025 law ZA. foareh Zackte 1 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

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