Ellis v. Foulk, et al.

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 4/23/2018 DENYING plaintiff's 23 request to refund his partial payment of the filing fee and cease further withdrawals. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT J. ELLIS,

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No. 2:14-cv-0802 AC P

Plaintiff,

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v.

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F. FOULK, et al.,

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ORDER

Defendants.

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This case was closed and judgment was entered on November 9, 2015. ECF Nos. 18, 19.

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Plaintiff has now filed a letter in which he requests that the Clerk of the Court stop deducting

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money from his trust account for the filing fee and reimburse the money withdrawn to date. ECF

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No. 23 at 1-2. Plaintiff seems to argue that he should not be charged a filing fee because his in

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forma pauperis status was reinstated. Id. However, 28 U.S.C. § 1915(b) requires that a prisoner-

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plaintiff pay the entire filing fee regardless of whether he is granted in forma pauperis status. The

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granting of in forma pauperis status means only that plaintiff is permitted to pay the fee in

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increments, rather than in full at the beginning of the case.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to refund his partial

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payment of the filing fee and cease further withdrawals (ECF No. 23) is denied.

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DATED: April 23, 2018

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