Soto v. Cate, et al.

Filing 14

ORDER Vacating Order Directing Collection Of Filing Fee From Trust Account (Doc. 13 ), signed by Magistrate Judge Gerald B. Cohn on 10/5/2012.(Fahrney, E)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 ERNESTO SOTO, CASE: 1:12-cv-00477-GBC (PC) 5 ORDER VACATING ORDER DIRECTING COLLECTION OF FILING FEE FROM TRUST ACCOUNT Plaintiff, 6 v. 7 MATTHEW CATE, et al., 8 Defendants. ____________________________________/ 9 10 On March 29, 2012, Plaintiff Ernesto Soto (“Plaintiff”), a state prisoner proceeding pro se 11 and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1. On April 12 19, 2012, the Court granted Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C. 13 § 1915. Doc. 10. On July 18, 2012, the Court granted Plaintiff’s motion to pay the filing fee. Doc. 14 13. On September 13, 2012, Plaintiff paid the filing fee in full. 15 Accordingly, IT IS HEREBY ORDERED that: 16 1. The Court’s order directing the collection of the filing fee from Plaintiff’s trust 17 account is VACATED, which directed the Director of the California Department of 18 Corrections and Rehabilitation or his designee to deduct the $350.00 filing fee from 19 Plaintiff’s trust account whenever the balance exceeds $10.00; and 20 2. The Clerk of the Court to serve a copy of this order on (1) the Financial Department, 21 U.S. District Court, Eastern District of California, Fresno Division and (2) the 22 Director of the California Department of Corrections and Rehabilitation via the 23 Court’s electronic case filing system (CM/ECF). 24 25 IT IS SO ORDERED. 26 Dated: 27 7j8cce 28 October 5, 2012 UNITED STATES MAGISTRATE JUDGE

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