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Isham v. Luder

United States District Court, Ninth Circuit

October 21, 2013

Michael Darrin Isham, Plaintiff,
v.
Susan L. Luder, et al., Defendants.

ORDER

JAMES A. TEILBORG, Senior District Judge.

On June 5, 2013, Plaintiff Michael Darrin Isham, who is confined in the Arizona State Prison-Kingman in Kingman, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). In a June 11, 2013 Order, the Court noted that Plaintiff had not paid the $400.00 filing and administrative fees or filed an Application to Proceed In Forma Pauperis. The Court gave Plaintiff 30 days to either pay the filing and administrative fees or file an Application to Proceed In Forma Pauperis.

On July 1, 2013, Plaintiff filed an Application to Proceed In Forma Pauperis (Doc. 4). On July 5, 2013, he filed a second Application to Proceed In Forma Pauperis (Doc. 6). On August 5, 2013, he filed:

(1) a Document entitled "Waiver of Court Fees and Costs" (Doc. 8);
(2) a Document that purports to be a "First Amended Complaint" (Doc. 9);
(3) a Document entitled "Waiver of Service" (Doc. 10);
(4) a Document entitled "Affidavit/for Petition for Writ of Habeas Corpus" (Doc. 11) that appears to provide the Court with his current address and contains several exhibits; and
(5) a Document entitled "Disposition for Release" (Doc. 12), in which he appears to seek release from prison and requests that the Court order the United States Marshal's Service to "take custody of the Defendants[, ] place lien(s) on named Defendants(s) employment and bring Defendants to appear before a Federal Magistrate in the United States District Court."

On August 26, 2013, he filed:

(1) a Document entitled "Order to Compel" (Doc. 13), in which he appears to seek relief in his pending habeas corpus case, Isham v. Luder, 13-CV-8126-PCT-JAT (JFM), and the disclosure of documents; and
(2) a Motion for Consolidation (Doc. 14), seeking to consolidate this case with Isham v. Mesquita, 10-CV-2494-PHX-JAT (JRI), and Isham v. Luder, 13-CV-8126-PCT-JAT (JFM).

I. Applications to Proceed In Forma Pauperis, Filing Fee, and Document seeking "Waiver of Court Fees and Costs"

The Court will grant Plaintiff's July 1 Application to Proceed In Forma Pauperis. 28 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). The Court will assess an initial partial filing fee of $12.50. The remainder of the fee will be collected monthly in payments of 20% of the previous month's income each time the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate government agency to collect and forward the fees according to the statutory formula.

The Court will deny as moot Plaintiff's July 5 Application to Proceed In Forma Pauperis and will deny Plaintiff's August 5 Document seeking a waiver of court fees and costs. Congress set the filing fee and did not give the Court the authority to waive it. See 28 U.S.C. § 1915(b)(1) ("[I]f a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee."); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002) ("Under the [Prison ...


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