Jackson v. Swarthout

Filing 24

ORDER signed by Magistrate Judge Dale A. Drozd on 10/25/10 granting 23 Motion for refund of filing fee. The Clerk of the Court is directed to provide a copy of this order to the Financial Department. (cc: Financial) (Plummer, M)

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(HC) Jackson v. Swarthout Doc. 24 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 Petitioner also requests that the $5.00 filing fee submitted in Case No. CIV S-10-0494 GEB EFB P, be refunded. However, the undersigned can only issue orders in cases where he is the assigned magistrate judge. Petitioner is directed to file a separate request in his other case if he wishes to seek a refund of that filing fee. 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHNNY CLIFFORD JACKSON, Petitioner, vs. G. SWARTHOUT, Respondent. / Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On March 23, 2010, the court granted petitioner leave to proceed in forma pauperis; subsequently, petitioner submitted the $5.00 filing fee, erroneously believing that payment of the filing fee was necessary to avoid dismissal of his federal habeas action. Petitioner now asks that the filing fee be refunded.1 Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's October 1, 2010 request that his $5.00 filing fee be refunded (Doc. No. 23) is granted; and ORDER No. CIV S-10-0504 GEB DAD P 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 DAD:4 jack0504.refund 2. The Clerk of the Court is directed to provide a copy of this order to the Financial Department. DATED: October 25, 2010. 2

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