Cervantes v. Lindsey
Filing
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ORDER DENYING 12 Request for Refund of Filing Fee signed by Magistrate Judge Michael J. Seng on 4/6/2018. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SALVADOR CERVANTES,
Plaintiff,
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Case No. 1:16-cv-00456-MJS (PC)
ORDER DENYING REQUEST FOR REFUND
OF FILING FEE
v.
(ECF NO. 12)
B. LINDSEY, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action pursuant to 42 U.S.C. § 1983. On July 22, 2016, Plaintiff’s complaint was
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dismissed, at Plaintiff’s request, as duplicative of the action in Case No. 1:16-cv-00343-
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BAM. (ECF No. 7.) CDCR was directed not to collect payments toward Plaintiff’s filing
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fee for this action. (Id.)
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On August 19, 2016, Plaintiff requested a refund of $50.00 he claimed had
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already been collected by the CDCR in relation to this action. (ECF No. 8.) On August
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26, 2016, the then-assigned Magistrate Judge granted Plaintiff’s request and ordered the
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Clerk of the Court to return funds paid toward his filing fee. (ECF No. 9.)
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On October 24, 2016, Plaintiff filed a notice indicating that he had not yet received
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the $50.00 refund. (ECF No. 10.) The undersigned denied Plaintiff’s request for a refund
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and advised Plaintiff that Court records reflected that no fee was ever forwarded by
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CDCR to the Court in relation to this case. Plaintiff was provided a copy of the payment
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history for the case. He was advised to provide evidence to the Court if he had reason to
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believe funds had, in fact, been provided to the Court.
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Plaintiff responded on August 28, 2017. He states that the Court provided him
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information concerning the wrong case number and also provides a copy of his prison
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trust account statement dated August 10, 2017. (ECF No. 12.)
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Plaintiff has been provided information regarding the correct case number. The
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case was formerly assigned to Magistrate Judge Dennis L. Beck and was given Case
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No. 1:16-cv-00456-DLB. On October 27, 2016, the matter was reassigned to the
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undersigned and re-numbered Case No. 1:16-cv-00456-MJS. Accordingly, Plaintiff was
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provided information for the correct case. There is no payment associated with this case.
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The trust account statement submitted by Plaintiff does not show otherwise. It
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shows that $20.13 was withdrawn from his account on August 1, 2016 and voided the
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same date. It also shows that encumbrances relating to this Court were placed in May
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and July of 2016 but also were voided. It shows the “amount paid to date” on his PLRA
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obligation is $0.
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Based on the information before the Court, the Court has no basis to suggest any
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funds were received from Plaintiff in relation to this case. His request for refund is
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HEREBY DENIED.
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IT IS SO ORDERED.
Dated:
April 6, 2018
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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