King v. Barrios

Filing 9

ORDER DENYING Plaintiff's Motion Under Ex Parte Status Requesting Response to File Documents as Moot 8 , signed by Magistrate Judge Barbara A. McAuliffe on 4/6/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO KING,

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Plaintiff,
v.
J. BARRIOS,
Defendant.

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Case No.: 1:16-cv-01695-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
UNDER EX PARTE STATUS REQUESTING
RESPONSE TO FILED DOCUMENTS AS MOOT
(ECF No. 8)

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Plaintiff Mario King (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff requested leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915, and the request was granted on November 8, 2016. (ECF No. 5.)

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On April 5, 2017, Plaintiff filed the instant motion requesting a response to ECF Nos. 2 and 3.

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Plaintiff contends that he has not received a response to his request to proceed in forma pauperis, and

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requests an explanation as to why he is still being charged the filing fee of $350. (ECF No. 8.)

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With respect to ECF No. 2, the Court responded to Plaintiff’s motion to proceed in forma

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pauperis in an order dated November 8, 2016, granting Plaintiff’s motion. (ECF No. 8.) With respect

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to ECF No. 3, this is the Court’s first informational order, and as such does not require a response

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from the Court. Therefore, Plaintiff’s request for a response to ECF Nos. 2 and 3 is unnecessary and

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shall be denied as moot.
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Plaintiff is reminded that a grant of leave to proceed in forma pauperis merely authorizes “the

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commencement, prosecution or defense of any suit . . . without prepayment of fees.” 28 U.S.C.

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§ 1915(a)(1) (emphasis added). Though Plaintiff has been granted leave to proceed in forma pauperis,

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he remains obligated to pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1)

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(“Notwithstanding subsection (a), if a prisoner brings a civil action or files an appeal in forma

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pauperis, the prisoner shall be required to pay the full amount of a filing fee.”).

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For the foregoing reasons, Plaintiff’s motion requesting a response to filed documents, (ECF
No. 8), is HEREBY DENIED as moot.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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