Franklin v. Dudley et al

Filing 111

ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/14 ORDERING that 109 Motion is deemed resolved. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT DUANE FRANKLIN,

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Plaintiff,

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No. 2: 07-cv-2259 KJM KJN P

v.

ORDER

G. DUDLEY,

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Defendant.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On September 30, 2011, judgment was entered for defendant. (ECF No.

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96.) On June 1, 2012, the Ninth Circuit Court of Appeals dismissed plaintiff’s appeal. (ECF No.

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110.)

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Pending before the court is plaintiff’s motion for clarification of filing fees. (ECF No.

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109.) Plaintiff alleges that the California Department of Corrections and Rehabilitation

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(“CDCR”) has incorrectly deducted $1260 in filing fees for this action from plaintiff’s trust

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account. Plaintiff alleges that he only owes the $350 filing fee.

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Attached as an exhibit to plaintiff’s pending motion is a document titled “Inmate

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Obligations Report.” (Id. at 14.) This document indicates that plaintiff was charged the $350

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filing fee and two $455 filing fees for each of the two appeals he filed during the course of this

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action. (Id.) Therefore, plaintiff was properly charged $1260 in filing fees for this action.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for clarification of filing

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fees (ECF No. 109) is deemed resolved.

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Dated: October 29, 2014

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Frank2259.ord

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