Rudder v. Washington State Department of Corrections

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE BRANDY LEE RUDDER, 9 Plaintiff, CASE NO. 3:24-cv-05418-LK-BAT 10 v. ORDER DENYING PLAINTIFF’S LETTER MOTION TO WAIVE WASHINGTON STATE DEPARTMENT RECOUPMENT OF FILING FEE, OF CORRECTIONS, et al., DKT. 9.

Defendant.

Plaintiff filed a § 1983 prisoner civil rights complaint, and on June 13, 2024, was granted leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915(a). Dkt. 5. On July 11, 2024, Plaintiff filed a letter that states: Please excuse & waive all fees to this case to proceed forward. I 17 am well below the poverty level. I have zero dollars & zero outside help. I have LFO’s already stacking up and deducted and when or 18 if I am able to get a job in this prison I still will barely be able to purchase hygiene. So please again remove/waive this fee and allow 19 me to proceed.

20 Dkt. 9. A federal civil action filed by a prisoner such as Plaintiff may proceed only if Plaintiff pays the filing fee or is granted leave to proceed IFP under 28 U.S.C. § 1915(a). The Court cannot grant Plaintiff’s request to excuse or waive recoupment of the filing fee because a prisoner who is granted leave to proceed IFP remains obligated to pay the entire fee in “increments” or “installments.” See 28 U.S.C. § 1915(b)(1) & (2); Bruce v. Samuels, 577 U.S. 1 82, 84 (2016); Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015).

2 The Court accordingly ORDERS: 3 1. Plaintiff’s letter motion (Dkt. 9) requesting the Court waive or excuse recoupment of the filing fee is DENIED.

5 2. The clerk shall provide a copy of this order to Plaintiff.

6 DATED this 12th day of July, 2024.

7 A BRIAN A. TSUCHIDA United States Magistrate Judge e