Opinion
3:24-cv-05418-LK-BAT
07-12-2024
BRANDY LEE RUDDER, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., Defendant.
ORDER DENYING PLAINTIFF'S LETTER MOTION TO WAIVE RECOUPMENT OF FILING FEE, DKT. 9.
BRIAN A. TSUCHIDA UNITED STATES MAGISTRATE JUDGE
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 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 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 me to proceed.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. 82, 84 (2016); Williams v. Paramo, 775 F.3d 1182, 1185 (9th Cir. 2015).
The Court accordingly ORDERS:
1. Plaintiff's letter motion (Dkt. 9) requesting the Court waive or excuse recoupment of the filing fee is DENIED.
2. The clerk shall provide a copy of this order to Plaintiff.