McCoy v. Holguin et al

Filing 60

ORDER GRANTING 59 Motion for Clarification signed by Magistrate Judge Michael J. Seng on 4/14/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,
Plaintiff,

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v.

1:15-cv-00768-DAD-MJS (PC)
ORDER GRANTING MOTION FOR
CLARIFICATION
(ECF No. 59)

A. HOLGUIN, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983. This matter proceeds on Plaintiff’s Second
Amended Complaint asserting excessive force and failure to protect claims against 19
Defendants following a March 2015 assault. On March 7, 2017, the undersigned issued
findings and recommendations recommending that Plaintiff’s in forma pauperis status be
revoked and he be directed to pay the $400 filing fee in full. (ECF No. 56.) Those
findings and recommendations are now before the district judge pursuant to 28 U.S.C. §
636(b)(1)(C).
In the interim, Plaintiff filed a motion for clarification concerning the amount of
money he would owe in the event the district judge adopts the findings and
recommendations. (ECF No. 59.)
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When bringing an action, a prisoner must either pay the $350.00 filing fee and a

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$50.00 administrative fee in a lump sum or, if granted the privilege of proceeding in

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forma pauperis, pay the $350.00 filing fee incrementally as set forth in 28 U.S.C. §

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1915(b)(1). Effective May 1, 2013, the Clerks of Court for the United States District

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Courts are required to collect a $50.00 administrative fee for the filing of a civil action,

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suit, or proceeding in a district court. See Judicial Conference Schedule of Fees, District

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Court Miscellaneous Fee Schedule & 14 (effective May 1, 2013), foll. 28 U.S.C. § 1914.

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However, the administrative fee “does not apply to applications for a writ of habeas

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corpus or to persons granted in forma pauperis.”

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When Plaintiff was granted leave to proceed in forma pauperis on July 14, 2015

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(ECF No. 9), he was directed to pay the $350 filing fee pursuant to § 1915(b)(1). In the

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event that the district judge adopts the undersigned’s recommendation to revoke

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Plaintiff’s in forma pauperis status, Plaintiff will be required to pay the $400 filing fee in

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full, which includes the additional $50 administrative fee. This payment may be made to

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the United States District Court Clerk of Court. The Clerk's Office of the United States

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District Court for the Eastern District of California, Fresno Division is located in Room

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1501 on the 1st Floor of the Robert E. Coyle United States Courthouse, 2500 Tulare

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Street, Fresno, California 93721.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for
clarification (ECF No. 59) is GRANTED.
IT IS SO ORDERED.

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Dated:

April 14, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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