Cervantes v. Lindsey
ORDER DENYING 12 Request for Refund of Filing Fee signed by Magistrate Judge Michael J. Seng on 4/6/2018. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-00456-MJS (PC)
ORDER DENYING REQUEST FOR REFUND
OF FILING FEE
(ECF NO. 12)
B. LINDSEY, et al.,
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983. On July 22, 2016, Plaintiff’s complaint was
dismissed, at Plaintiff’s request, as duplicative of the action in Case No. 1:16-cv-00343-
BAM. (ECF No. 7.) CDCR was directed not to collect payments toward Plaintiff’s filing
fee for this action. (Id.)
On August 19, 2016, Plaintiff requested a refund of $50.00 he claimed had
already been collected by the CDCR in relation to this action. (ECF No. 8.) On August
26, 2016, the then-assigned Magistrate Judge granted Plaintiff’s request and ordered the
Clerk of the Court to return funds paid toward his filing fee. (ECF No. 9.)
On October 24, 2016, Plaintiff filed a notice indicating that he had not yet received
the $50.00 refund. (ECF No. 10.) The undersigned denied Plaintiff’s request for a refund
and advised Plaintiff that Court records reflected that no fee was ever forwarded by
CDCR to the Court in relation to this case. Plaintiff was provided a copy of the payment
history for the case. He was advised to provide evidence to the Court if he had reason to
believe funds had, in fact, been provided to the Court.
Plaintiff responded on August 28, 2017. He states that the Court provided him
information concerning the wrong case number and also provides a copy of his prison
trust account statement dated August 10, 2017. (ECF No. 12.)
Plaintiff has been provided information regarding the correct case number. The
case was formerly assigned to Magistrate Judge Dennis L. Beck and was given Case
No. 1:16-cv-00456-DLB. On October 27, 2016, the matter was reassigned to the
undersigned and re-numbered Case No. 1:16-cv-00456-MJS. Accordingly, Plaintiff was
provided information for the correct case. There is no payment associated with this case.
The trust account statement submitted by Plaintiff does not show otherwise. It
shows that $20.13 was withdrawn from his account on August 1, 2016 and voided the
same date. It also shows that encumbrances relating to this Court were placed in May
and July of 2016 but also were voided. It shows the “amount paid to date” on his PLRA
obligation is $0.
Based on the information before the Court, the Court has no basis to suggest any
funds were received from Plaintiff in relation to this case. His request for refund is
IT IS SO ORDERED.
April 6, 2018
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?