(PC) Cummins v. Office of the Public Defender

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CUMMINS, No. 2:15-cv-00135-WBS-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 OFFICE OF THE PUBLIC DEFENDER, 15 Defendant. 16

17 Plaintiff is a state prisoner who brought this action under 42 U.S.C. § 1983. The court 18 granted him leave to proceed in forma pauperis under 28 U.S.C. § 1915 on September 10, 2015. 19 ECF No. 10. The action proceeded through judgment, which was entered on July 20, 2016. ECF 20 No. 21. Plaintiff now seeks relief from his obligation to pay the filing fee. ECF No. 22. 21 Section 1915(a) authorizes courts to grant in forma pauperis status to prisoners who 22 23 cannot prepay the filing fee for a civil action. Section 1915(b) requires, however, that prisoners 24 who proceed in forma pauperis pay the full fee incrementally. The statute makes no provision by 25 which the court may relieve a prisoner from this obligation to pay the fee. Johnson v. Darr, No. 26 10cv2334-WQH-POR, 2018 U.S. Dist. LEXIS 149486, at *2 (S.D. Cal. Aug. 31,…