Reed v. Vera et al

Filing 14

ORDER Vacating 6 Order Directing Payment to be Collected from Plaintiff's Prison Trust Account signed by Magistrate Judge Jeremy D. Peterson on 05/25/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MYCHAL ANDRA REED,
Plaintiff,

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vs.
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P. VERA, et al.,

Case No. 1:18-cv-00334-DAD-JDP
ORDER VACATING ORDER DIRECTING
PAYMENT TO BE COLLECTED FROM
PLAINTIFF’S PRISON TRUST ACCOUNT
(Doc. No. 6)

Defendants.

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Mychal Andra Reed (“plaintiff”) voluntarily dismissed this civil rights action on March

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22, 2018 because it was duplicative of another case in this district, 1:18-cv-297-EPG. (Doc.

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Nos. 10, 11.) The court entered an order in both cases granting plaintiff in forma pauperis

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status and directing the California Department of Corrections and Rehabilitation (“CDCR”) to

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“collect payments from plaintiff’s prison trust account in an amount equal to twenty percent

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(20%) of the preceding month’s income credited to the prisoner’s trust account” and to

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“forward those payments to the Clerk of the Court each time the amount in the account exceeds

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$10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected

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and forwarded to the Clerk of the Court.” (Doc. No. 6, at 2.)

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Plaintiff has now filed a notice indicating that he is being charged an erroneous

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duplicative filing fee for this case. (Doc. No. 13.) Plaintiff states that the duplicative cases

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were inadvertently filed twice due to an error by prison staff. (Id.)

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Based on the foregoing, the court finds cause to vacate its March 9, 2018 order directing

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the CDCR to deduct funds from plaintiff’s prison trust account for payment of the filing fee for

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this case.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The court’s order of March 9, 2018 (Doc. No. 6) directing the CDCR to deduct
funds from plaintiff’s prison trust account for payment of the filing fee for this case

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is vacated;
2. the Clerk of the Court is directed to serve a copy of this order on the Director of the

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California Department of Corrections via the court’s electronic case filing system

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(CM/ECF); and

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3. the Clerk of Court is directed to serve a copy of this order on the Financial

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Department, U.S. District Court, Eastern District of California.

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IT IS SO ORDERED.
Dated:

May 25, 2018

/s/

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UNITED STATES MAGISTRATE JUDGE

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Jeremy D. Peterson

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