Larson v. Doe, et al.

Filing 18

ORDER VACATING 5 Order Granting Plaintiff Leave to Proceed In Forma Pauperis and Order Directing Collection of Filing Fee from Plaintiff's Trust Account; ORDER DIRECTING Clerk's Office to Refund the Portion of the Filing Fee Collected to Date, Signed by Magistrate Judge Dennis L. Beck on 2/18/2009.(Arellano, S.)

1 2 3 4 5 6 7 8 9 HARVEY EUGENE LARSON, 10 Plaintiff, 11 v. 12 CARRASCO, et al., 13 Defendants. 14 15 16 17 18 I. 19 Order Plaintiff Harvey Eugene Larson ("Plaintiff") is a state prisoner proceeding pro se in a ORDER DIRECTING CLERK'S OFFICE TO REFUND TO PLAINTIFF THE PORTION OF / THE FILING FEE COLLECTED TO DATE (Doc. 5) ORDER VACATING ORDER GRANTING PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPERIS AND ORDER DIRECTING COLLECTION OF FILING FEE FROM PLAINTIFF'S TRUST ACCOUNT CASE NO. 1:08-cv-00998-AWI-DLB (PC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

20 civil rights action pursuant to 42 U.S.C. § 1983. On August 25, 2008, the Court by order granted 21 Plaintiff leave to proceed in forma pauperis and directed the California Department of 22 Corrections to begin collecting payments from Plaintiff's trust account until the $350.00 filing 23 fee has been paid in full. Court records reveal that pursuant to 28 U.S.C. § 1915(g), Plaintiff is 24 ineligible to proceed in forma pauperis and should be required to submit the filing fee in full in 25 order to proceed with this action.1 Therefore, by this order, the Court will vacate the order 26 27 28
The Prison Litigation Reform Act provides that "[i]n no event shall a prisoner bring a civil action . . . under th is section if the prisoner has, on 3 or more occasions, while incarcerated or detained in any facility, brought an action o r appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state
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1 granting Plaintiff leave to proceed in forma pauperis. In a Findings and Recommendations 2 issued concurrently with this order, the Court recommends that Plaintiff be denied leave to 3 proceed in forma pauperis and that this action be dismissed if Plaintiff fails to pay the $350.00 4 filing fee in full within fifteen days from the date of service of the district court judge's order 5 addressing the Findings and Recommendations. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious injury." 28 U.S.C. § 1915(g).

Accordingly, based on the foregoing, it is HEREBY ORDERED that: 1. The Court's August 25, 2008 order granting Plaintiff leave to proceed in forma pauperis is VACATED; 2. The Court's August 25, 2008 order directing the collection of the filing fee from Plaintiff's trust account is VACATED and the California Department of Corrections should cease collecting partial payments from Plaintiff's account for this action; and 3. The Clerk's Office shall review its records and refund to Plaintiff the portion of the filing fee that has been collected from Plaintiff to date.

IT IS SO ORDERED. Dated: 3b142a

February 18, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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