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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALVADOR CERVANTES

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Plaintiff,

CASE NO. 1:16-cv-00456-MJS (PC)
ORDER DENYING MOTION
CONCERNING FILING FEE

v.
(ECF No. 10)
B. LINDSEY, et al.,
Defendants.

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ORDER DIRECTING CLERK OF
COURT TO FORWARD COPY OF
PLAINTIFF’S PAYMENT HISTORY TO
PLAINTIFF

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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.)
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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.)
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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.
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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.
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IT IS SO ORDERED.
Dated:

June 15, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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