Cervantes v. Lindsey

Filing 11

ORDER DENYING Motion Concerning Filing Fee 10 ; ORDER DIRECTING Clerk of Court to Forward Copy of Plaintiff's Payment History to Plaintiff, signed by Magistrate Judge Michael J. Seng on 6/15/17: 30-Day Deadline. (Attachments: # 1 Payment History)(Hellings, J)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 SALVADOR CERVANTES 13 14 15 16 Plaintiff, CASE NO. 1:16-cv-00456-MJS (PC) ORDER DENYING MOTION CONCERNING FILING FEE v. (ECF No. 10) B. LINDSEY, et al., Defendants. 17 ORDER DIRECTING CLERK OF COURT TO FORWARD COPY OF PLAINTIFF’S PAYMENT HISTORY TO PLAINTIFF 18 19 20 21 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 22 rights action pursuant to 42 U.S.C. § 1983. On July 22, 2016, Plaintiff’s complaint was 23 dismissed, at Plaintiff’s request, as duplicative of the action in Case No. 1:16-cv-0034324 BAM. (ECF No. 7.) CDCR was directed not to collect payments toward Plaintiff’s filing fee 25 for this action. (Id.) 26 On August 19, 2016, Plaintiff requested a refund of $50.00 he claimed had already 27 been collected by the CDCR in relation to this action. (ECF No. 8.) On August 26, 2016, 28 the Magistrate Judge then-assigned to the case granted Plaintiff’s request and ordered 1 the Clerk of the Court to return funds paid toward his filing fee. (ECF No. 9.) On October 2 24, 2016, Plaintiff filed a notice indicating that he had not yet received the $50.00 refund. 3 (ECF No. 10.) 4 According to Plaintiff’s payment history in this case no money was ever forwarded 5 to the Court by CDCR. Thus, to the extent Plaintiff seeks refund from the Court, his 6 motion is denied. The Clerk of Court is directed to forward a copy of Plaintiff’s payment 7 history to Plaintiff. 8 If Plaintiff has some reason to believe that $50.00 was in fact collected by CDCR 9 but not refunded or otherwise accounted for, he shall, within 30 days of the date of this 10 Order, provide the Court with whatever evidence he has to support that belief. 11 12 13 14 IT IS SO ORDERED. Dated: June 15, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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