Potter v. Deuel Vocational Institution et al

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/10/2014 GRANTING plaintiff's 15 motion to dismiss pursuant to Fed. R. Civ. P. 41(a); this action is DISMISSED; the court's 10/8/2014 order instructing the Director of CDCR to col lect the filing fee from plaintiff's trust account is VACATED, plaintiff will not be required to pay the filing fee for this action except for what has already been collected; the Clerk shall serve a copy of this order on the Director of CDCR; and the Clerk shall also serve a copy on the Financial Department of the court. CASE CLOSED. (cc: CDCR, Financial) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WAYNE POTTER,

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Plaintiff,

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No. 2:14-cv-1727 CKD P

v.

ORDER

DEUEL VOCATIONAL INSTITUTION,
et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has requested that this action be dismissed

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and that the court vacate the order requiring plaintiff to pay the filing fee. Good cause appearing,

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IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to dismiss (ECF No. 15) is granted pursuant to Fed R. Civ. P. 41(a).

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2. This action is dismissed.

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3. The court’s October 8, 2014 order instructing the Director of the California

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Department of Corrections and Rehabilitation to collect from plaintiff’s trust account the amount

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necessary to cover the filing fee for this action and to forward it to the Clerk of the Court is

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vacated. Plaintiff will not be required to pay the filing fee for this action except for what has

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already been collected.

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/////

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4. The Clerk of the Court is directed to serve a copy of this order upon the Director of the

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California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, CA, 95814.

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5. The Clerk is also directed to serve a copy of this order on the Financial Department of

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the court.

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Dated: November 10, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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pott1727.59

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