Shorter v. Rosenthal et al

Filing 81

ORDER DENYING 80 Motion to Quash the Balance of the Filing Fee, signed by Magistrate Judge Dennis L. Beck on 8/13/14. (Martin-Gill, S)

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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,

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Case No. 1:10-cv-00610-LJO-DLB PC
ORDER DENYING PLAINTIFF’S MOTION
TO QUASH FILING FEE

v.
(ECF No. 80)

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R. ROSENTHAL, et al.,

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Defendants.

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Plaintiff Anthony Shorter (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case was dismissed on May

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31, 2013, after the Court granted Defendants’ Motion for Summary Judgment.

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

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$350.00 filing fee. (ECF No. 76.) On August 21, 2013, the Court denied Plaintiff’s motion. (ECF

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No. 77.) On February 12, 2014, Plaintiff filed a second motion to quash the balance of the $350.00

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filing fee. (ECF No. 80.)
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 a waiver of the remaining fees due.

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///

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to quash the balance of the
filing fee is DENIED.
IT IS SO ORDERED.
Dated:

/s/ Dennis

August 13, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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