Shorter v. Rosenthal et al

Filing 75

ORDER Denying Plaintiff's 68 Motion for Confirmation of Court's Ruling as Moot; ORDER Denying Plaintiff's 71 Motion to Expunge the Filing Fee, signed by Magistrate Judge Dennis L. Beck on 7/8/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY SHORTER,

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Plaintiff,
v.
R. ROSENTHAL, et al.,

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Defendants.

Case No. 1:10-cv-00610-LJO-DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR CONFIRMATION OF COURT’S
RULING AS MOOT
(Document 68)
ORDER DENYING PLAINTIFF’S MOTION
TO EXPUNGE THE FILING FEE
(Document 71)

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Plaintiff Anthony Shorter (“Plaintiff”) is a California state prisoner proceeding pro se in this

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civil action pursuant to 42 U.S.C. § 1983. The Court granted summary judgment in favor of

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Defendants on May 31, 2013.

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On June 12, 2013, Plaintiff filed a motion for confirmation of the Court’s ruling. At the time

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of his filing, Plaintiff had not yet received the Court’s May 31, 2013, order. As it now appears that

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Plaintiff has received the ruling, Plaintiff’s motion is DENIED AS MOOT.

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On June 27, 2013, Plaintiff filed a motion to expunge the filing fee. Plaintiff requests that the
Court waive the balance of the $350.00 filing fee in light of his financial situation.
The filing fee is collected by the Court as payment for filing the case. This action was filed

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on April 8, 2010, and the subsequent dismissal of the action does not change the fact that the case

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was filed. Therefore, Plaintiff is not entitled to reimbursement of any payment of the filing fee paid

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in this case.
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Accordingly, Plaintiff’s motion to expunge the filing fee is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 8, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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