Harrison v. Diaz et al

Filing 19

ORDER DENYING Plaintiff's 18 Motion for the Court to Collect the Filing Fee; ORDER for Plaintiff to Send Payment of Filing Fee to Court by February 25, 2014 signed by Magistrate Judge Gary S. Austin on 1/27/2014. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15

1:13-cv-01335-GSA-PC

MICHAEL D. HARRISON,

ORDER DENYING PLAINTIFF’S MOTION
FOR THE COURT TO COLLECT THE
FILING FEE
(Doc. 18.)

Plaintiff,
vs.
R. M. DIAZ, et al.,

ORDER FOR PLAINTIFF TO SEND
PAYMENT OF FILING FEE TO COURT
BY FEBRUARY 25, 2014

Defendants.

16
17
18

Michael D. Harrison (“Plaintiff”) is a state prisoner proceeding pro se with this civil

19

rights action pursuant to 42 U.S.C. §1983. Plaintiff filed the Complaint commencing this

20

action on August 22, 2013, together with an application to proceed in forma pauperis pursuant

21

to 28 U.S.C. § 1915. (Docs. 1, 8.)

22

On September 10, 2013, the court denied Plaintiff’s application to proceed in forma

23

pauperis and ordered him to pay the $400.00 filing fee for this action in full within thirty days.

24

(Doc. 9.) Plaintiff requested and was granted two extensions of time to pay the filing fee.

25

(Court Record.) Pursuant to the court’s order issued on January 2, 2014, Plaintiff’s deadline to

26

pay the filing fee is February 25, 2014. (Doc. 17.)

27

On January 24, 2014, Plaintiff filed a motion for the court to collect the filing fee by

28

calling the prison trust office and requesting the $400.00 check written by Plaintiff on January
1

1

4, 2012. (Doc. 18.) Plaintiff is advised that it is his responsibility to make arrangements to

2

send payment of the filing fee to the court. The court shall not collect the fee by contacting the

3

prison trust office. Plaintiff is required to pay the $400.00 filing fee for this action in full by

4

February 25, 2014, pursuant to the court’s order, or this case will be dismissed.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

7

Plaintiff’s motion for the court to collect filing fee, filed on January 24, 2014, is
DENIED; and

8

2.

Plaintiff is required to pay the $400.00 filing fee for this action in full by
February 25, 2014, pursuant to the court’s order of January 2, 2014, or this case

9
10

will be dismissed.

11
12
13
14

IT IS SO ORDERED.
Dated:

15
16
17

January 27, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

6i0kij8d

18
19
20
21
22
23
24
25
26
27
28
2