Gonzalez v. Razo et al

Filing 18

ORDER DIRECTING Clerk of Court to RETURN $400.00 Filing Fee signed by Magistrate Judge Dennis L. Beck on 7/17/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL ANTONIO GONZALEZ, III,

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Plaintiff,

Case No. 1:15-cv-00680 DLB PC
ORDER DIRECTING CLERK OF COURT TO
RETURN $400.00 FILING FEE

v.
J. RAZO, et al.,

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Defendants.

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Plaintiff Manuel Antonio Gonzalez, III, # T-42888, a state prisoner proceeding pro se, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on May 4, 2015, along with a motion for leave

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to proceed in forma pauperis. On May 15, 2015, Plaintiff consented to the jurisdiction of the

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Magistrate Judge pursuant to 28 U.S.C. § 636(c).

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On May 28, 2015, the Court determined that Plaintiff is subject to 28 U.S.C. § 1915(g),

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having brought an action on three or more occasions that was dismissed on grounds of being

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frivolous, malicious, or failing to state a claim upon which relief may be granted. The Court issued

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an order denying Plaintiff’s motion for leave to proceed in forma pauperis, and dismissed the action

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without prejudice to refiling accompanied by the $400.00 filing fee. Judgment was entered that

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same date.

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On June 5, 2015, Plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeal. On
June 19, 2015, the appeal was dismissed pursuant to Plaintiff’s notice of voluntary dismissal.
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On July 6, 2016, Plaintiff submitted $400.00 for payment of the filing fee. Plaintiff is
informed that the case was dismissed and closed on May 28, 2015. The dismissal was without
prejudice to refiling a new case with payment of the filing fee. Therefore, Plaintiff must submit a
new complaint along with his filing fee.

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ORDER
Accordingly, IT IS HEREBY ORDERED:
1) The Clerk of Court is DIRECTED to return Plaintiff’s payment of $400.00; and
2) Plaintiff is advised that he must commence a new action by submitting a new complaint
along with the filing fee.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 17, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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