Olivares

James Stehouwer and Steve Olivares submitted to the district court unrelated pro se *111 civil rights complaints under 42 U.S.C. § 1983 . Both moved the court for permission to proceed in forma pauperis, without prepayment of filing fees, under 28 U.S.C. § 1915 (a) which permits a district court to waive the customary $120 filing fee upon a finding that the plaintiff is unable to pay. In a joint order, the district court found that both plaintiffs were unable to pay the entire fee, but each could pay a partial fee. The district court accordingly ordered each plaintiff to pay a partial filing fee tailored to his financial circumstances. When the plaintiffs failed to pay the partial fees set by the court, the district court dismissed the complaints without prejudice. Olivares and Stehouwer appeal these final judgments of the district court.

I. The Authority of the District Court to Set Partial Fees

Appellants’ chief contention is that while 28 U.S.C. § 1915 permits district courts to require full fees or to waive all fees, it does not grant district courts the authority to require a partial filing fee. We take this opportunity to make the apparent explicit: Courts have discretion…