Palmer v. Berkson, et al.

Filing 28

ORDER Denying Plaintiff's Second MOTION For RECONSIDERATION Of Order Revoking IFP Status And Directing Fee Payment (ECF No. 26 ), Filing Fee Due In Full By April 14, 2014, signed by District Judge Lawrence J. O'Neill on 4/7/2014. (Fahrney, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

WILL MOSES PALMER, III

Case No. 1:11-cv-01882-LJO-MJS (PC)

11
Plaintiff,

12
13

v.

ORDER DENYING PLAINTIFF’S SECOND
MOTION FOR RECONSIDERATION OF
ORDER REVOKING IFP STATUS AND
DIRECTING FEE PAYMENT

14
15

DR. RICHARD P. BERKSON, et al.,

16

Defendants.

17

(ECF No. 26)
FILING FEE DUE IN FULL BY APRIL 14,
2014

18
19
20

Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant

21

to 42 U.S.C. § 1983. He is pursuing a due process claim against Defendants Clement and

22

Huang.

23

On January 21, 2014, the District Judge assigned to this case adopted Findings and

24

Recommendations (“F&R’s”) revoking Plaintiff’s in forma pauperis (“IFP”) status and

25

requiring payment of the filing fee in full within twenty-one days. Plaintiff appealed to the

26

Ninth Circuit and moved this Court for reconsideration of the January 21st order. The

27

appeal was dismissed on March 14, 2014 for failure to pay required fees. (ECF No. 24.)

28

The motion for reconsideration was denied by the undersigned on March 18, 2014. (ECF
1

1
2

No. 25.)
On March 28, 2014, Plaintiff filed a second motion for reconsideration of the January

3

21st order (ECF No. 26) which is now before the Court. The motion shall be denied. It is

4

procedurally deficient because it is unsigned. Fed. R. Civ. P. 11(a).

5

Additionally the motion is moot and lacks merit. The March 28th motion for

6

reconsideration is identical to the March 10th motion, which the Court denied, and is

7

likewise deficient.

8

Accordingly, for the reasons stated, it is HEREBY ORDERED that:

9

1.

Plaintiff’s second motion for reconsideration of the January 21, 2014 order

10

revoking IFP status and requiring payment of the filing fee (ECF No. 26) is

11

DENIED,

12

2.

ECF No. 25), i.e., by April 14, 2014, and

13
14

Plaintiff shall PAY THE $400 FILING FEE in full as previously ordered (see

3.

If Plaintiff fails to pay the $400 filing fee in full by not later than April 14, 2014,

15

all pending motions shall be terminated and this action dismissed without

16

prejudice.

17
18
19

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

April 7, 2014

UNITED STATES DISTRICT JUDGE
20
21
22
23
24
25
26
27
28
2

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
3