Cardoza v. Tann et al

Filing 143

ORDER Denying 142 Motion for Return of Overpayment of Filing Fees, without Prejudice, signed by Magistrate Judge Gary S. Austin on 3/22/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE PEPE CARDOZA,

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Plaintiff,
vs.
M. TANN, et al.,

1:11-cv-01386-GSA-PC
ORDER DENYING AS MOOT
PLAINTIFF’S REQUEST FOR
RETURN OF OVERPAYMENT OF
FILING FEES, WITHOUT PREJUDICE
(ECF No. 142.)

Defendants.

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Lawrence Pepe Cardoza (“Plaintiff”) is a state prisoner proceeding in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. On December 4, 2015, summary

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judgment was entered in favor of defendants and the case was closed. (ECF No. 135.)

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On March 15, 2019, Plaintiff filed a motion for return of overpayment of his filing fees.

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(ECF No. 142.)

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Rehabilitation continues to take funds from his trust account and send them to the court, even

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though Plaintiff has paid all of the filing fees due. Plaintiff requests the court to reimburse him

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for the monies that should not have been taken from his trust account.

Plaintiff asserts that the California Department of Corrections and

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The court has been informed by its financial department that Plaintiff’s overpayment of

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filing fees was recently reimbursed. Therefore, Plaintiff’s request shall be denied as moot,

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without prejudice.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for reimbursement of

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the overpayment of his filing fees, filed on March 15, 2019, is DENIED as moot, without

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prejudice.

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IT IS SO ORDERED.
Dated:

March 22, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE