Tilei v. McGuinness et al

Filing 85

ORDER DENYING 83 and 84 Motion for Reimbursement of Incorrect Filing Fees, signed by Magistrate Judge Sheila K. Oberto on 9/30/2018. (Copy of this order forwarded to Litigation Coordinator at Kern Valley State Prison) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PUNAOFO TSUGITO TILEI,

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Plaintiff,
v.

Case No. 1:10-cv-00069-LJO-SKO (PC)
ORDER DENYING PLAINTIFF’S
MOTIONS FOR REIMBURSEMENT
OF FILING FEES

McGUINNESS, et al.,
(Docs. 83, 84)

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Defendants.

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Plaintiff, Punaofo Tsugito Tilei, is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. This action proceeded against

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Defendants C.M.O. William J. McGuinness M.D., Jeremy Wang M.D., H. Hasrdsri M.D., Joseph

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Obriza M.D., Julian Kim M.D., Jeffrey Neubarth M.D., N. Loadholt, FNP, and P. Rouch, FNP for

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deliberate indifference to Plaintiff's serious medical needs in violation of the Eighth Amendment

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which the Ninth Circuit found cognizable under section 1983. (Docs. 43, 44.)

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Although this action has settled and closed, Plaintiff has filed two motions requesting

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reimbursement of filing fees which he believes were incorrectly withdrawn from his inmate trust

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account. (Docs. 83, 84.) Plaintiff seeks reimbursement of $455.00 which he believes was

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incorrectly withdrawn as duplicate payment of the filing fee in this action.

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The Court has reviewed Plaintiff’s account and finds that Plaintiff is not owed a

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reimbursement. Specifically, Plaintiff owed the initial $350.00 filing fee and two $455.00 filing

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fees for two appeals he filed in this action. (See Docs. 29-31 for Appeal 13-16038; Docs. 35-37

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for Appeal 13-6298.)1
Plaintiff submitted a copy of the transaction list for his account and underlined three

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$455.00 withdrawals: one for Appeal 13-62982 and two for this case. (Doc. 84, p. 5.) The filing

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fee for this action was only $350.00, not $455.00. The Court already issued Plaintiff a $105.00

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refund for the difference, which Plaintiff has acknowledged receiving. (Doc. 84, p. 2.) The

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current dispute lies over the second $455.00 noted as withdrawn for the filing fee in this action.

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That sum was for Plaintiff’s filing fee for Appeal 13-16038, and was not a duplicate payment of

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the filing fee in this action. The error merely lies in the notation of payment “source” for the

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$455.00 withdrawal which Plaintiff disputes; it should reflect Appeal 13-16038, not this action.

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The Litigation Coordinator is requested to address and request correction of this error in the

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record keeping of Plaintiff’s inmate trust account transaction list. If Plaintiff has further questions

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about this issue, he should contact the Kern Valley State Prison Litigation Coordinator.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motions for reimbursement of

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incorrect filing fees, (Docs. 83, 84), are DENIED and the Clerk is ordered to send a copy of this

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order to the Litigation Coordinator at Kern Valley State Prison for assistance in correcting the

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erroneous second entry on the transaction list for Plaintiff’s inmate trust account attributed to this

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case.

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IT IS SO ORDERED.
Dated:

September 30, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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The Court also notes that Plaintiff filed another appeal in this action, Appeal 12-15553, (see Docs. 17-20), but is
unaware whether that filing fee has been paid.
2 Plaintiff does not dispute withdrawal of the filing fee for Appeal 13-6298.

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