Diaz
(PC) Rodriguez v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE RODRIGUEZ, No. 1:19-cv-01118-AWI-JDP Plaintiff, ORDER DENYING PLAINTIFF’S MOTION
FOR THE CANCELLATION OF THE
v. FILING FEE AND THE ORDER
DIRECTING PAYMENT
DIAZ, et al., ECF No. 13 Defendants. 16 Plaintiff Jose Rodriguez is a state prisoner proceeding without counsel in this now-closed civil rights action. On February 3, 2020, plaintiff filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A). ECF No. 10. The case was closed on February 10. ECF No. 12. However, plaintiff has now filed a motion requesting that we cancel the filing fee and the order directing payment. ECF No. 13. The relevant statutory requirement is clear: “if 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.” 28 U.S.C. § 1915(b)(1). The requirement is triggered by bringing an action, not by continuing one. 25 …