Powell v. Madden, et al.

Filing 5

ORDER DENYING Motion to Transfer Filing Fee From Another Action 4 , signed by Magistrate Judge Michael J. Seng on 2/26/13. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 TONY EDWARD POWELL, Plaintiff, 13 14 1:13-cv-057-AWI-MJS (PC) ORDER DENYING MOTION TO TRANSFER FILING FEE FROM ANOTHER ACTION v. 15 MADDEN, et al., (ECF No. 4) Defendants. 16 17 ________________________________/ 18 Plaintiff Tony Edward Powell (“Plaintiff”) is a former state prisoner proceeding pro 19 se in a civil rights action pursuant to 42 U.S.C. § 1983. 20 This action was initiated on January 14, 2013. (ECF No. 1.) On February 11, 2013, 21 Plaintiff filed a motion with the Court requesting that the filing fee paid in 1:12-cv-152722 AWI-BAM, Powell v. George, be transferred to cover the filing costs in Plaintiff’s current 23 action. 24 Pursuant to Local Rule 121(c) the Clerk cannot file any paper, issue any process, 25 or render any other service for which a fee is prescribed by statute until the required fee 26 is paid.. In order to initiate a civil action, parties must pay a $350.00 filing fee.1 28 U.S.C. 27 28 1 Parties may also ask for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. -1- 1 § 1914. Neither the statute nor the local rule authorize filing fees to be transferred from 2 one action to another. 3 Accordingly, Plaintiff’s motion is DENIED. 4 5 6 7 IT IS SO ORDERED. 8 Dated: ci4d6 9 February 26, 2013 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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