Cruz v. Unknown

Filing 16

ORDER signed by Judge Edmund F. Brennan on 1/23/07: The Clerk is directed to close the case. Plaintiff's request for a court order directing the CDC not to collect the appropriate fee for initiating this action is denied 15. CASE CLOSED.(Kaminski, H)

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(PC) Cruz v. Unknown Doc. 16 Case 2:06-cv-01387-DFL-EFB Document 16 Filed 01/23/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. UNKNOWN, Defendant. / Plaintiff is a state prisoner proceeding without counsel in a civil rights action pursuant to 42 U.S.C. 1983. On June 22, 2006, plaintiff filed a complaint and this action was commenced. On September 26, 2006, the court issued findings and recommendations recommending dismissal of this action for plaintiff's failure to file an application to proceed in forma pauperis. On December 5, 2006, plaintiff filed an in forma pauperis application. That application was granted in the order filed January 9, 2007. The court's order filed January 10, 2007 directed the California Department of Corrections and Rehabilitation to incrementally collect the fee from plaintiff. Plaintiff then wrote to the court on January 18, 2007, requesting that this action be dismissed. Pursuant to Fed. R. Civ. P. 41(a), plaintiff's request for voluntary dismissal is selfexecuting and the dismissal is hereby acknowledged. Plaintiff's letter also requests that court 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALBERT CRUZ, Plaintiff, No. CIV S-06-1387 DFL EFB P ORDER Case 2:06-cv-01387-DFL-EFB Document 16 Filed 01/23/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vacate the order directing the CDCR to deduct money for the fee from plaintiff's account. Plaintiff is advised that under the controlling statue the cost imposed is the cost for initiating a civil action. Whether that action is later dismissed has no bearing on the fees imposed. See 28 U.S.C. 1914(a), 1915(a). Plaintiff's request regarding the fee must be denied Accordingly, IT IS HEREBY ORDERED that 1. The Clerk is directed to close the case. 2. Plaintiff's request for a court order directing the CDCR not to collect the appropriate fee for initiating this action is denied. DATED: January 23, 2007. 2

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