Hendon v. California Medical Facility, et al.
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/2014 PARTIALLY GRANTING plaintiff's 8 request for clarification; and within 30 days, plaintiff shall submit the full filing fee of $400.00. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CARLOS HENDON,
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Plaintiff,
v.
ORDER
CALIFORNIA MEDICAL FACILITY, et
al,
Defendants.
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No. 2:14-cv-0985 KJN P
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). On July 30, 2014, this action
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was dismissed based on plaintiff’s failure to pay the filing fee in full.
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On August 6, 2014, plaintiff filed a request for clarification, stating that the order
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requiring plaintiff to pay the filing fee stated that failure to timely submit the filing fee would
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result in a recommendation that this action be dismissed without prejudice. (ECF No. 8.)
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Plaintiff asks the court to issue an order “that this action be recommended dismissed without
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prejudice.” (Id.)
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However, as set forth above, plaintiff consented to proceed before the undersigned for all
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purposes pursuant to 28 U.S.C. § 636(c). Therefore, the undersigned is not required to issue
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findings and recommendations, but is authorized to issue dispositive orders. Nonetheless, in the
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event that plaintiff was confused, or simply needed additional time to pay the filing fee, the court
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will grant plaintiff an extension of time in which to pay the filing fee. If plaintiff pays the filing
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fee within the next thirty days, the court will vacate the judgment and screen the complaint. If
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plaintiff fails to pay the filing fee, this action will remain closed.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for clarification (ECF No. 8) is partially granted; and
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2. Within thirty days from the date of this order, plaintiff shall submit the full filing fee of
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$400.00.
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Dated: August 11, 2014
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/hend0985.eot
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