(PC) Dearwester v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANK LEE DEARWESTER, Case No. 1:15-cv-00621-SKO (PC) Plaintiff, ORDER DENYING MOTION FOR RELIEF

FROM FILING FEE UNDER 28 U.S.C.

v. § 1915

CALIFORNIA DEPARTMENT OF (Doc. 9)

CORRECTIONS AND

REHABILITATION, et al., Defendants.

17 Plaintiff Frank Lee Dearwester is a state prisoner proceeding in forma pauperis. On June 9, 2015, the Court dismissed this action as duplicative. (Doc. 8.) On May 8, 2020, Plaintiff filed a motion requesting relief from the filing fee payments required by 28 U.S.C. § 1915(b). (Doc. 9.) Plaintiff’s motion is identical to a motion he filed in Dearwester v. California Department of Corrections and Rehabilitation, No. 1:15-cv-00354-SKO (E.D. Cal.) (Doc. 19). As the Court explained in denying the latter motion, the filing fee is mandatory for plaintiffs proceeding in forma pauperis; the Court does not have the discretion to waive it. See 28 U.S.C. § 1915(b); see also Soares v. Paramo, No.…