Shorter v. Rosenthal et al

Filing 77

ORDER DENYING 76 Motion to Quash Filing Fee signed by Magistrate Judge Dennis L. Beck on 8/20/2013. (Jessen, A)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7
8

ANTHONY SHORTER,
Plaintiff,

9

vs.

10
11

ROSENTHAL, et al.,

1:10cv00610 LJO DLB PC
ORDER DENYING MOTION TO QUASH
FILING FEE
(Document 76)

Defendants.
12
13
14
15

Plaintiff Anthony Shorter (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case was dismissed on
May 31, 2013, after the Court granted Defendants’ Motion for Summary Judgment.

16

On August 16, 2013, Plaintiff filed a motion for the Court to quash the balance of the

17

$350.00 filing fee.
18
19
20

The filing fee is collected by the Court as payment for filing the case. This action was
filed on April 8, 2010, and the subsequent dismissal of the action does not change the fact that
the case was filed. Therefore, Plaintiff is not entitled to a waiver of the remaining fees due.

21

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to quash the balance of

22

the filing fee is DENIED.
23
24
25

IT IS SO ORDERED.

26

Dated:

27

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

28

August 20, 2013

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

9b0hied