UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
November 22, 2006
CHARLES VERDEL FARNSWORTH, PLAINTIFF,
PIERCE COUNTY JAIL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Ronald B. Leighton
THIS MATTER comes on before the above-entitled Court upon plaintiff's letter/motion to remove the assessment to his prison trust account of the filing fee for this case [Dkt. #75].
Having considered the entirety of the records and file herein, the Court rules as follows: Plaintiff was initially granted permission to proceed in forma pauperis [Dkt. #3]. This IFP status was revoked on August 9, 2005 [Dkt. #61] due to plaintiff's previous filings of frivolous lawsuits. Plaintiff did not pay the filing fee and filed a Notice of Appeal of that decision revoking his IFP status on August 16, 2005 [Dkt. #62]. On November 15, 2005 the United States Court of Appeals for the Ninth Circuit entered an Order granting plaintiff's motion to voluntarily dismiss his appeal [Dkt. #69]. Because plaintiff's IFP status was revoked and this case was dismissed for failure to pay the filing fee [see Dkt. #71], the plaintiff's prison trust account should not be debited for the filing fee in No. 04-5780RBL. This Order does not affect any other cases in which plaintiff may be responsible for paying the filing fee. It is therefore
ORDERED that plaintiff's letter/motion as to No. 04-5780RBL is GRANTED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE
© 1992-2006 VersusLaw Inc.