Jonathan Elliott Higgins v. Rodriguez et al

Filing 12

ORDER Granting Plaintiff's 11 Motion to Dismiss Payment of Court Filing Fee; ORDER Vacating Order Granting Application to Proceed In Forma Pauperis and Order Directing Payment of Inmate Filing Fee by California Department of Corrections re 4 ; ORDER for Clerk to Serve Copy of this Order on Director of CDCR and Financial Department, signed by Magistrate Judge Erica P. Grosjean on 4/10/17. (Gonzalez, R)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 JONATHAN ELLIOTT HIGGINS, Plaintiff, 7 8 9 10 v. 1:16-cv-00819-DAD-EPG (PC) ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS PAYMENT OF COURT FILING FEE (ECF NO. 11) LOUIS RODRIGUEZ, et al., Defendants. 11 12 13 ORDER VACATING ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS (ECF NO. 4) ORDER FOR CLERK TO SERVE COPY OF THIS ORDER ON DIRECTOR OF CDCR AND FINANCIAL DEPARTMENT 14 15 16 17 This action was dismissed on September 15, 2016. (ECF No. 10). Prior to the action 18 being dismissed, Jonathan Higgins (“Plaintiff”) filed an application to proceed in forma 19 pauperis under 28 U.S.C. § 1915. (ECF No. 2). On June 15, 2016, the Court issued an order 20 granting Plaintiff’s application to proceed in forma pauperis and directing the California 21 Department of Corrections and Rehabilitation (“CDCR”) to collect monthly payments from 22 Plaintiff’s inmate trust account until the filing fee is paid in full. (ECF No. 4). 23 On April 6, 2017, Plaintiff filed a motion to dismiss payment of Court filing fee. (ECF 24 No. 11). Plaintiff states that this case was a duplicate case. (Id.). Plaintiff requests that he not 25 be required to pay the filing fee for this case and a refund of any portion of the filing fee that he 26 has paid thus far. (Id.). 27 Plaintiff’s motion will be granted. Plaintiff notified the Court that a duplicate case was 28 filed (ECF No. 8), and this case was dismissed because it was duplicative of case 1:16-cv1 1 00804-DAD-SAB (ECF No. 10). However, according to the Court’s financial records, Plaintiff 2 has not made any payments towards the filing fee in this case. Accordingly, there is nothing to 3 refund to Plaintiff. 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. Plaintiff’s motion to dismiss payment of Court filing fee is GRANTED; 6 2. Plaintiff does not have to pay the filing fee for this case; 7 3. The Court’s order granting Plaintiff’s application to proceed in forma pauperis 8 and its order directing payment of inmate filing fee by California Department of 9 Corrections are VACATED. The Director of the CDCR is DIRECTED to stop 10 deducting funds from Plaintiff’s prison trust account for payment of the filing 11 fee for this case; and 12 4. The Clerk of Court is directed to serve a copy of this order on: 13 a. The Director of the CDCR, via CM/ECF; and 14 b. The Financial Department, U.S. District Court, Eastern District of 15 California, Fresno Division. 16 17 18 IT IS SO ORDERED. Dated: April 10, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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?