Martinez v. Schwarzenegger

Filing 7

ORDER REGARDING Plaintiff's 6 Letter signed by Magistrate Judge Dennis L. Beck on 3/16/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD LORENZO MARTINEZ,

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Plaintiff,

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Case No. 1:15-cv-00281-DLB PC
ORDER REGARDING
PLAINTIFF’S LETTER

v.
(Document 6)

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ARNOLD SCHWARZENEGGER, et al.,

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Defendants.

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Plaintiff Richard Lorenzo Martinez (“Plaintiff”) is a California state prisoner proceeding pro

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se in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 23, 2015.

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On February 26, 2015, the Court ordered Plaintiff to submit an application to proceed in forma

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pauperis on the correct form, or pay the filing fee, within 45 days.
On March 13, 2015, the Court received a letter from Plaintiff inquiring as to whether he

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needed to pay the filing fee for this action. He states that this is the same complaint that was filed in

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1:14-cv-01393-LJO-SAB, for which he is already paying the filing fee.

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Plaintiff’s prior action was dismissed on January 7, 2015, for failure to exhaust his

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administrative remedies. It appears that Plaintiff filed this action after he fully exhausted.

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Plaintiff is informed that there are no exceptions to paying the filing fee, even where a prior

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action was dismissed as unexhausted. Plaintiff SHALL comply with the February 26, 2015, order

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within the required time frame.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 16, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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