Duarte v. Enemoh et al

Filing 15

ORDER Regarding Plaintiff's Notice Of Payment Of Filing Fee (Document 14 ), ORDER Directing Clerk Of Court To Serve Order On CSATF Trust Account Office, signed by Magistrate Judge Dennis L. Beck on 1/26/2016. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK F. DUARTE, 12 Plaintiff, 13 14 v. ENEMOH, et al., 15 Defendants. Case No. 1:15-cv-01213-DAD-DLB PC ORDER REGARDING PLAINTIFF’S NOTICE OF PAYMENT OF FILING FEE (Document 14) ORDER DIRECTING CLERK OF COURT TO SERVE ORDER ON CSATF TRUST ACCOUNT OFFICE 16 17 Plaintiff Patrick F. Duarte (“Plaintiff”) is a California state prisoner proceeding pro se in this 18 civil action pursuant to 42 U.S.C. § 1983. Plaintiff’s December 23, 2015, First Amended Complaint 19 is awaiting screening. 20 Plaintiff filed this action and was granted in forma pauperis status. 21 On January 21, 2016, Plaintiff filed a letter with the Court indicating that on December 14, 22 2015, an individual paid the remainder of the filing fee on his behalf. He states that since that date, 23 CSATF has transferred $74.47 to the Court, resulting in an overpayment. Plaintiff asks that this 24 amount be refunded, and that CSATF be notified that the filing fee has been paid in full. The Court has confirmed that the filing fee has been paid in full. Therefore, any deduction 25 26 for a filing fee in this action after December 14, 2015, is erroneous. To the extent that Plaintiff’s 27 /// 28 /// 1 1 trust account has been deducted for a filing fee in this action after the amount was paid in full, the 2 trust account office is directed to return said funds and remove any filing fee attached to this case.1 3 4 The Clerk of Court is DIRECTED to serve a copy of this order on the prison trust account office at CSATF. 5 6 IT IS SO ORDERED. 7 Dated: /s/ Dennis January 26, 2016 L. Beck UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Records indicate an overpayment in the amount of $60.35. 2

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