Millner v. Biter

Filing 29

ORDER VACATING 19 Order Granting Plaintiff In Forma Pauperis Status and DIRECTING Clerk of Court to Serve a Copy of Order on Director of California Department of Corrections, signed by Magistrate Judge Stanley A. Boone on 8/13/14. (Copy of this order served electronicly to CDC)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES W. MILLNER,

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Plaintiff,

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v.
MARTIN BITER, et al.,

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Defendants.

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Case No.: 1:13-cv-02029-SAB (PC)
ORDER VACATING ORDER GRANTING
PLAINTIFF IN FORMA PAUPERIS STATUS
AND DIRECTING CLERK OF COURT TO
SERVE A COPY OF ORDER ON DIRECTOR
OF CALIFORNIA DEPARTMENTN OF
CORRECTIONS
[ECF No. 19]

Plaintiff James W. Millner is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983.
On October 25, 2013, Plaintiff filed the initial complaint in the United States District Court for

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the Northern District of California. On December 9, 2013, the action was transferred to this Court,

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and received on December 12, 2013. There was no notation on the docket that Plaintiff paid the filing

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fee in the Northern District.

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On December 13, 2013, and April 1, 2014, the Court ordered Plaintiff to submit an application

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to proceed in forma pauperis. On April 16, 2014, the court granted Plaintiff’s motion to proceed in

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forma pauperis.

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On June 11, 2014, Plaintiff filed a notice regarding the payment of the filing fee. Plaintiff

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contended that he paid the $400.00 filing fee for this action in the Northern District prior to the

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transfer of the case to this Court. Plaintiff further indicated that he sent this Court twice a receipt
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showing that he paid the required filing fee for this action and he was forced to file an in forma

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pauperis application to prevent the action from being dismissed.
On June 13, 2014, the Court informed Plaintiff that neither this Court nor the Northern

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District had any record of receiving the required filing fee for this action. In addition, Plaintiff was

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advised that the Court never received or viewed a copy of the receipt of payment of the filing fee.
On August 12, 2014, this Court received notice from the United States District Court for the

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Northern District of California that Plaintiff had indeed paid the filing fee in that Court on November

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26, 2013. To date, this Court has not and will not collect any money from Plaintiff’s trust account.
Accordingly,

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IT IS HEREBY ORDERED that:

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1. The Court’s April 16, 2014, order granting Plaintiff’s motion to proceed in forma pauperis
is VACATED;

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2. The Clerk of Court is directed to serve a copy of this order on the Director of the California

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Department of Corrections; and

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3. No money shall be collected from Plaintiff’s prisoner trust account for payment of the

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filing fee in this action.

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IT IS SO ORDERED.

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Dated:

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August 13, 2014
UNITED STATES MAGISTRATE JUDGE

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