Espey v. Mule Creek State Prison et al

Filing 40

ORDER signed by Magistrate Judge Deborah Barnes on 10/29/18 DENYING 39 Motion. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD JOSEPH ESPEY, 12 13 14 15 No. 2:14-cv-2511 KJM DB P Plaintiff, v. ORDER MULE CREEK STATE PRISON, et al., Defendants. 16 17 This civil rights action was closed on October 28, 2015, for plaintiff’s failure to prosecute. 18 On October 15, 2018, plaintiff filed a request to vacate the court order directing payment of the 19 filing fee, which was ordered on grant of plaintiff’s request to proceed in forma pauperis. (ECF 20 No. 9.) Plaintiff so moves because the recurring deduction of his incoming funds is causing him 21 financial hardship. Since the filing fee is required to be paid in full, see 28 U.S.C. §1915(b)(2), IT 22 IS HEREBY ORDERED that plaintiff’s motion (ECF No. 39) is DENIED. 23 Dated: October 29, 2018 24 25 26 27 28 /DLB7; DB/Inbox/Routine/espe2511.ifp order 1 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 27 28 2

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