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Robert Rivera v. William Gonzalez

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 29, 2012

ROBERT RIVERA, PLAINTIFF,
v.
WILLIAM GONZALEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Marian W. Payson United States Magistrate Judge

DECISION & ORDER

On January 12, 2011, a stipulation and order of settlement and dismissal was entered in the above-captioned case. (Docket # 92). The pro se inmate plaintiff, who had been proceeding in forma pauperis, subsequently filed a motion seeking from this court a monetary award of $350.00, the amount of the fee charged for filing a civil case. (Docket # 93). A review of the docket reveals that on July 7, 2011, the Clerk of the Court received a $350.00 payment for the filing fee. An examination of the clerk's records reveals that the plaintiff's filing fee was paid by the Gowanda Correctional Facility.

28 U.S.C. § 1915 provides that a court may authorize a prisoner to proceed in forma pauperis in order to bring a civil action without prepayment of fees. 28 U.S.C. § 1915(a). Proceeding in forma pauperis does not waive the fee for prisoners, however. The statute provides that prisoners shall be required to pay the full amount of the filing fee, and sets forth a system for collecting periodic payments from the prisoner's trust fund account. 28 U.S.C. § 1915(b). This Court has uncovered no authority permitting it to waive payment of the civil filing fee altogether for prisoners. The plaintiff having now paid the statutorily required fee, his motion for a monetary award (Docket # 93) is DENIED.

Marian W. Payson

20120229

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