Friend v. Johnson et al

Filing 11

ORDER REGARDING PLAINTIFF'S MOTION FOR CLARIFICATION AND MOTION FOR INFORMATION REGARDING REMAINING BALANCE OF FILING FEE re 9 , 10 signed by Magistrate Judge Stanley A. Boone on 7/1/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY M. FRIEND,

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Plaintiff,

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v.
P. JOHNSON, et al.,

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Defendants.

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Case No.: 1:15-cv-00267-SAB (PC)
ORDER REGARDING PLAINTIFF’S MOTION
FOR CLARIFICATION AND MOTION
INFORMATION REGARDING REMAINING
BALANCE OF FILING FEE
[ECF Nos. 9, 10]

Plaintiff Johnny M. Friend is a prisoner in the custody of the Federal Bureau of Prisons

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(“BOP”). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to

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Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).

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On June 26, 2015, Plaintiff filed a motion for clarification regarding his Bivens complaint and

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a separate motion for information regarding the balance of the filing fee owed in this action. (ECF

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Nos. 9, 10.)

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I.

Motion for Clarification Regarding Bivens Complaint

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Plaintiff contends on February 20, 2015, he filed two civil rights complaints, one relating to the

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access to the courts and the other regarding deliberate indifference to his medical care. Plaintiff

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contends that when he received copies relating to the instant case, he also received a stamped filed

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copy of the complaint regarding the deliberate indifference claim with the same case number as the

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instant action. However, Plaintiff has not received any other information regarding the deliberate

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indifference claim.

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Plaintiff is advised that the only complaint received by the Court is the original complaint filed

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in this action on February 20, 2015, and addressed in the Court’s June 8, 2015, screening order. (ECF

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No. 7.) The complaint relates only to the issue of access of the courts.

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II.

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Plaintiff seeks the remaining balance of the filing fee for this action. Plaintiff is advised that

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the remaining balance due on the $350.00 filing fee is $197.95.
Based on the foregoing, Plaintiff’s motion for clarification and motion for information

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Motion for Information Regarding Balance of Filing Fee

regarding the balance of the filing fee shall be termed as addressed herein.

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IT IS SO ORDERED.

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Dated:

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July 1, 2015
UNITED STATES MAGISTRATE JUDGE

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