Hughey

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 FREDDIE HUGHEY, Case No.: 18-cv-313-WQH-BGS

CDCR #E-95781,

ORDER

Plaintiff, 11 vs.

13 SCOTT KERNAN, Secretary at CDCR, 14 Defendant. 15 HAYES, Judge: 16 On April 15, 2022, Plaintiff Freddie Hughey, proceeding pro se and incarcerated at 17 Richard J. Donovan Correctional Facility in San Diego, California, filed a letter requesting 18 that the Court “remove” from his prison trust account the $350 filing fee related to the 19 above-captioned action and a $10,000 restitution fine imposed by a California state court. 20 (ECF No. 17 at 2). As the Court explained in the May 21, 2018 Order granting Plaintiff’s 21 Motion to Proceed In Forma Pauperis, the $350 filing fee required by 28 U.S.C. § 1914 is 22 required to be paid pursuant to the payment provisions set forth in 28 U.S.C. § 1915(b)(1). 23 (ECF No. 4 at 2-3). Section 1915(b) does not grant a court discretion to “remove” the filing 24 fee from a prison trust account. See 28 U.S.C. § 1915(b)(1) (“[I]f a prisoner brings a civil 25 action or files an appeal in forma pauperis, the…