Hendon

ORDER DENYING PLAINTIFF’S MOTION FOR SEQUENTIAL FEE COLLECTION

Before the Court is Plaintiff Carlos Hen-don’s (“Plaintiff’) Motion for Sequential Fee Collection. [Doc. No. 40.] On May 12, 2006, Plaintiff, a state prisoner proceeding pro se and in forma pauperis (“IFP”), filed a 42 U.S.C. § 1983 action alleging that Defendants, who are officials and employees of Richard J. Donovan Correctional Facility, violated his constitutional and state law rights. [Doc. No. 1.] In the instant motion, Plaintiff asserts that the method by which the California Department of Corrections and Rehabilitation (“CDCR”) collects filing fees is unconstitutional. (Pl.’s Mot. ¶ 1.) On December 7, 2006, Defendants filed an Opposition. [Doc. No. 44.]

The Court found the motion suitable for determination on the papers submitted and without oral argument pursuant to Local Civil Rule 7.1.d.I. [Doc. No. 47.] For the reasons set forth below, the Court DENIES Plaintiffs Motion.

Background

In his § 1983 action, Plaintiff alleges that Defendants violated his Eighth and Fourteenth Amendment rights while treating him for mental health disorders from 2002 through July 13, 2004. {See Compl. ¶¶ 3-23.) Plaintiffs…