The opinion
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 KENYON DARRELL BROWN, Case No. 1:21-cv-01186-NONE-SKO (PC)
12 Plaintiff,
ORDER DENYING MOTION FOR RELIEF
13 v. FROM FILING FEE PAYMENTS
14 CDCR DIRECTOR, et al., (Doc. 10)
15 Defendants.
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Plaintiff Kenyon Darrell Brown is a state prisoner proceeding pro se and in forma
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pauperis in this action. On October 21, 2021, Plaintiff filed a motion requesting that the filing fee
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for this action be waived, and that the California Department of Corrections and Rehabilitation
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stop deducting filing-fee payments from his inmate trust account. (Doc. 10.)
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Prisoners proceeding in forma pauperis are “required to pay the full amount of a filing
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fee” of any civil action they initiate. 28 U.S.C. § 1915(b)(1). The in forma pauperis statute
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provides that prisoners “shall be required to pay the full amount of a filing fee,” and the “court
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shall assess and … collect … an initial partial filing fee of 20 percent” of the average monthly
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deposits or average monthly balance in the prisoner’s trust account. 28 U.S.C. § 1915(b)(1)
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(emphasis added). Additionally, “the prisoner shall be required to make monthly payments of 20
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percent of the preceding month’s income.” Id. § 1915(b)(2) (emphasis added).
1 Thus, according to the statute, the Court does not have discretion to waive the filing fee.
2 The filing fee obligation and payment amounts are mandatory. See, e.g., Soares v. Paramo, No.
3 3:13-cv-02971-BTM-RBB, 2018 WL 5962728, at *2 (S.D. Cal. 2018); Cartwright v. Sparks, No.
4 1:94-cv-06044-AWI, 2012 WL 394175, at *1 (E.D. Cal. 2012); Adams v. Maricopa Cty. Sheriff's
5 Office, No. 2:10-cv-01558-PHX-RCB, 2010 WL 4269528, at *1-2 (D. Ariz. 2010). Accordingly,
6 Plaintiff’s motion is DENIED.
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IT IS SO ORDERED.
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9 Dated: October 22, 2021 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
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