Kemper v. Pie, et al.
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/2014 GRANTING plaintiff 30 days to pay the $400.00 filing fee; plaintiff's failure to comply will result in the dismissal of this action.(Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WINSTON KEMPER,
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No. 2:14-cv-0305 KJN P
Plaintiff,
v.
ORDER
DR. PIE, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding without counsel. Plaintiff consented to proceed
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before the undersigned for all purposes. See 28 U.S.C. § 636(c). After the instant action was
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transferred to this court from the Northern District, plaintiff was ordered to file an affidavit in
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support of a request to proceed in forma pauperis, or pay the required filing fee. (ECF No. 10.)
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Subsequently, plaintiff filed a letter indicating he has tried to pay the filing fee several times, and
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stated he enclosed one more trust withdrawal slip for the $400 filing fee. (ECF No. 12.)
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On December 6, 2013, plaintiff sent a $400 withdrawal slip to the Northern District.
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(ECF No. 4.) On December 20, 2013, plaintiff sent another withdrawal slip to the Northern
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District. (ECF No. 6.) The court has confirmed that the Northern District did not receive
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payment. Plaintiff provided another withdrawal slip with his recent filing. (ECF No. 12 at 2.)
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It appears that plaintiff is under the misapprehension that his trust account withdrawal
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form must be submitted to the court. However, plaintiff is mistaken. The court does not have
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access to plaintiff’s trust account. The form plaintiff completed is entitled “Trust Account
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Withdrawal Order,” and is addressed to the “Warden or Superintendent.” (ECF No. 1 at 2.)
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Plaintiff must present this withdrawal form to the appropriate prison official so that the prison
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official will deduct these funds from plaintiff’s trust account and forward the $400.00 to the court.
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There are prison procedures in place that plaintiff must follow to accomplish this task; if plaintiff
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is unaware of the appropriate prison official to which to present the withdrawal form, he should
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ask someone for assistance.
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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days in which to
pay the $400.00 filing fee; plaintiff’s failure to comply with this order will result in the dismissal
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of this action.
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Dated: May 5, 2014
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/kemp0305.eot
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