Bruce v. Woodford, et al.

Filing 115

ORDER Vacating Order Granting Motion to Proceed In Forma Pauperis 99 , signed by Magistrate Judge Barbara A. McAuliffe on 4/9/12. (Gonzalez, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

VINCENT C. BRUCE,

10
11

CASE NO. 1:07-cv-00269-AWI-BAM PC

Plaintiff,

ORDER VACATING ORDER GRANTING
MOTION TO PROCEED IN FORMA PAUPERIS

v.
(ECF No. 99)

12

JEANNE WOODFORD, et al.,

13

Defendants.
/

14
15

Plaintiff Vincent C. Bruce (“Plaintiff”) is a state prisoner proceeding pro se in this civil

16

rights action pursuant to 42 U.S.C. § 1983. This action was filed on February 20, 2007, and on

17

March 5, 2007, Plaintiff paid the filing fee of $350. On January 19, 2011, Plaintiff filed a notice of

18

appeal, a motion to proceed in forma pauperis on appeal, and an application to proceed in forma

19

pauperis. (ECF Nos. 95, 96, 97.) On January 24, 2011, the District Court issued an order granting

20

Plaintiff’s motion to proceed in forma pauperis. (ECF No. 99.) Plaintiff’s motion to proceed in

21

forma pauperis on appeal was granted by the United States Court of Appeal for the Ninth Circuit on

22

February 22, 2011. (ECF No. 101.)

23

Plaintiff’s motion to proceed in forma pauperis was addressed to the Court of Appeals, and

24

the District Court order granting Plaintiff’s motion to proceed in forma pauperis on January 24,

25

2011, was issued in error. Accordingly, IT IS HEREBY ORDERED that:

26

1.

27
28

The order granting Plaintiff’s motions to proceed in forma pauperis and directing
payment of filing fees by the California Department of Corrections is VACATED;

2.

The California Department of Corrections is to cease collecting partial payments
1

1
2

from Plaintiff’s account for this action; and
3.

3
4
5

Nothing in this order shall affect the collection of the filing fee for the grant of in
forma pauperis in the United States Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED.
Dated:
cm411

April 9, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2