Abreu v. Braga, et al

Filing 104

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/23/20 VACATING 32 the courts January 27, 2010 order directing CDCR to collect payment forthe filing fee. Any payments collected from plaintiffs inmate trust account shall be redirected to fe es incurred by plaintiff in other cases, if any. If none, payments shall be refunded to plaintiffs inmate trust account. Further, CDCR and the Clerk of the Court shall abandon efforts to collect additional payments from plaintiff in this case. the C lerk shall serve a copy of this order on the Director of CDCR and the Warden at plaintiffs place of incarceration, and deliver a copy of this order to the Clerks financial division. (cc: CDC Director and Financial)(Plummer, M) Modified on 10/23/2020 (Plummer, M).

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ARMANDO ABREU,

12

No. 2:09-cv-0763-KJM-EFB P

Plaintiff,

13

v.

14

F. BRAGA, et al.,

15

ORDER

Defendants.

16
Plaintiff is a state prisoner who proceeded without counsel in this civil action. This case

17
18

originated on March 18, 2009, when defendants removed it from state court and paid the filing

19

fee. ECF No. 1. On January 27, 2010, the court inadvertently directed the California Department

20

of Corrections and Rehabilitation (“CDCR”) to collect a second filing fee from plaintiff (ECF No.

21

32), after granting plaintiff’s application to proceed in forma pauperis (ECF No. 31).
Accordingly, the court’s January 27, 2010 order directing CDCR to collect payment for

22
23

the filing fee (ECF No. 32) is hereby VACATED. Any payments collected from plaintiff’s

24

inmate trust account shall be redirected to fees incurred by plaintiff in other cases, if any. If none,

25

payments shall be refunded to plaintiff’s inmate trust account. Further, CDCR and the Clerk of

26

the Court shall abandon efforts to collect additional payments from plaintiff in this case.

27

/////

28

/////
1

1

IT IS FURTHER ORDERED that the Clerk shall serve a copy of this order on the

2

Director of CDCR and the Warden at plaintiff’s place of incarceration, and deliver a copy of this

3

order to the Clerk’s financial division.

4

DATED: October 23, 2020.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2