Glass v. Scribner, et al
Filing
260
ORDER Regarding Plaintiff's 258 Motion for Judicial Notice and 259 Motion for Court Order; ORDER Directing Clerk of Court to Serve Order on CSP-Sacramento Trust Account Office signed by Magistrate Judge Dennis L. Beck on 03/31/2015. (Flores, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
DONALD GLASS,
12
13
14
15
Plaintiff,
v.
Case No. 1:04-cv-05953 LJO DLB PC
ORDER REGARDING PLAINTIFF’S
MOTION FOR JUDICIAL NOTICE AND
MOTION FOR COURT ORDER
[ECF Nos. 258, 259]
A. K. SCRIBNER, et al.,
Defendants.
ORDER DIRECTING CLERK OF COURT TO
SERVE ORDER ON CSP-SACRAMENTO
TRUST ACCOUNT OFFICE
16
17
Plaintiff Donald Glass (“Plaintiff”) is a state prisoner proceeding pro se in this civil action
18
pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on July 14, 2004. On September 7, 2004,
19
Plaintiff paid the filing fee for this action. (ECF No. 11.) On December 1, 2010, a jury rendered a
20
verdict in this case in favor of Defendants. On January 13, 2011, Plaintiff filed a notice of appeal.
21
On February 9, 2011, the District Court granted Plaintiff in forma pauperis status on appeal. (ECF
22
No. 241.) The order directed the CDCR to send the Clerk of the Court payments from Plaintiff’s
23
account each time the amount of the account exceeds $10.00, until the $455.00 statutory filing fee
24
for appeal number 11-15109 is paid in full. (ECF No. 241.)
25
On June 4, 2014, Plaintiff filed two motions concerning the filing fees in this action.
26
Plaintiff states he has paid the filing fee for this action, and he is only responsible for the appellate
27
filing fee of $455.00. However, he states prison officials are deducting payments for two filing fees
28
of $455.00. He states prison officials have imposed deductions for a $455.00 filing fee for the
1
1
2
3
4
5
6
7
8
instant case: 1:04-cv-05953-LJO-DLB.
Plaintiff is correct that he has paid the filing fee in the instant action. Therefore, any
deduction for a filing fee in this action is erroneous. Plaintiff’s trust account should only be
deducted for the filing fee owed for the appeal. To the extent that Plaintiff’s trust account has been
deducted for a filing fee in this action, the trust account office is directed to return said funds and
remove any filing fee attached to this case (1:04-cv-05953-LJO-DLB). The Clerk of Court is
DIRECTED to serve a copy of this Order on the prison trust account office at California State
Prison, Sacramento.
9
10
11
12
IT IS SO ORDERED.
Dated:
/s/ Dennis
March 31, 2015
L. Beck
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?