(PC) Sekona v. Gutierrez

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ETUATE SEKONA, Case No. 23-cv-06311-HSG

8 Plaintiff, ORDER DENYING REQUEST FOR REFUND OF FILING FEE 9 v. PAYMENTS; DIRECTING PRISON TRUST ACCOUNT OFFICE TO 10 GUTIERREZ, CEASE DEDUCTING MONIES; AND DIRECTIONS TO CLERK 11 Defendant. Re: Dkt. No. 33 12

13 14 On or about December 4, 2023, Plaintiff, an inmate currently housed at Valley State 15 Prison, filed this pro se action pursuant to 42 U.S.C. § 1983 against Salinas Valley State Prison 16 (“SVSP”) officer Gutierrez. On June 14, 2024, the Court granted Plaintiff leave to proceed in 17 forma pauperis; and directed the prison trust account office to deduct and forward to the Clerk of 18 the Court the initial filing fee of $82.95, and to thereafter, on a monthly basis, deduct and forward 19 to the Court 20 percent of the preceding month’s income credited to the prisoner’s trust account 20 each time the balance exceeds ten dollars. Dkt. No. 16. On March 4, 2025, the Court granted 21 Defendants’ motion to revoke Plaintiff’s in forma pauperis status, pursuant to 28 U.S.C. § 22 1915(g). Dkt. No. 32. Now pending before the Court is Plaintiff’s request that the Court refund 23 the balance of his court fee so that he can put it towards paying the filing fee in full. Dkt. No. 33. 24 The Court DENIES Plaintiff’s request as moot. The Court clarifies that Plaintiff need only pay the 25 balance remaining on his filing fee, $ 187.05, and the administrative fee, $52.00, for a total of 26 $239.05, in order to proceed with this action. As the monies already paid have been credited 27 towards the filing fee, there is no need to return those monies to Plaintiff so that he may put them 1 office to CEASE deducting and forwarding monies from Plaintiff's trust account. Once in forma 2 || pauperis status is revoked, courts may no longer collect payments from the plaintiff-prisoner. See 3 || Meyers v. Birdsong, 83 F.4th 1157, 1160-61 (9th Cir. 2023) (Section 1915 “does not authorize or 4 || require the collection of fees from a prisoner who is ineligible for IFP status under subsection 5 (g)y’); see also Spencer v. Milan, C No. 1:20-cv-00682 JLT GSA (PC), 2024 WL 3793441, at *2- 6 *4 (E.D. Cal. Aug. 13, 2024) (“once [prisoner-]Plaintiff’s in forma pauperis status had been 7 || revoked... the continued debiting of his trust account fund should have ceased”). 8 In sum, the Court orders as follows. 9 1. The Court DENIES as moot Plaintiff's request to refund the portion of the filing 10 || fee already paid. Dkt. No. 33. 11 2. The Court clarifies the deadline set forth in the Court’s March 3, 2025 Order. By 12 || April 2, 2025, Plaintiff must pay the remainder of the full filing and administrative fee - $239.05 - 13 in order to proceed with this action. If the full filing fee is not received by this date, the Court will 14 || dismiss this action without prejudice. 3 15 3. The Court ORDERS the prison trust account office to CEASE deducting and a 16 || forwarding monies from Plaintiffs trust account. 3 17 4. The Clerk is directed to send a copy of this order to Plaintiff via United States 18 || postal mail; to the correctional facility’s trust account office via electronic mail at 19 trusthelpdesk @ cder.ca.gov; and to the Court’s financial office via electronic mail at 20 || CAND _ Finance@cand.uscourts.gov. 21 This order terminates Dkt. No. 33. 22 IT IS SO ORDERED. 23 Dated: 3/17/2025 24 Z Maspurted Ld, i. HAYWOOD S. GILLIAM, JR. 25 United States District Judge 26 27 28