Basic v. Siedel et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Elvis Basic, 	)
)
Plaintiff, 	)
) 	ORDER DENYING MOTION FOR
vs. 	) 	RECONSIDERATION
)
Trish Siedel (North Dakota Probation) 	)
Alexander Droske (BCI) 	)
Karsten Anderson, 	)
) 	Case No. 1:20-cv-003
Defendants. 	)
On January 29, 2020, the court issued an order granting plaintiff’s application to proceed
in forma pauperis, allowing plaintiff to proceed with this action without prepayment of the filing
fee, and directing that plaintiff be assessed monthly amounts determined in accordance with 28
U.S.C. § 1915(b)(2) until his filing fee is paid in full. (Doc. No. 6).
On February 24, 2020, plaintiff filed a “Motion for Reconsideration of Court Fees to
Forma Pauperis.” 	He requests that the court waive his filing fee, asserting that his monthly
assessments will prevent him from meeting his other obligations.
The 	court 	finds 	no 	basis 	for 	reconsidering 	its 	previous 	order. 	First, 	plaintiff’s
circumstances are hardly unique. 	Second, the court is unaware of any statutory authority by
which a prisoner's filing fee obligations under 28 U.S.C. 1915(b)(2) may be waived and plaintiff
has cited no legal authority to support his request for a waiver. Third, as a practical matter, the
court 	has little discretion in this area; statute provides that a “prisoner shall be required to pay
the full amount of the filing fee.” 28 U.S.C. 1915(b)(1) (emphasis added). Finally, plaintiff has
engaged the resources of this court by filing this case. The filing fee—which represents only a
modest portion of the court's cost of deploying its resources—is a means to insure that resources
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are not consumed thoughtlessly. Accordingly, plaintiff’s motion (Doc. No. 11) is DENIED.
IT IS SO ORDERED.
Dated this 25th day of February, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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