Barger v. Trust Office et al
Filing
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ORDER denying 31 Motion to reopen case signed by Magistrate Judge Carolyn K. Delaney on 05/21/15. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GARY DALE BARGER,
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No. 2:15-cv-0124 CKD P
Plaintiff,
v.
ORDER
TRUST OFFICE, et al.,
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Defendants.
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On April 8, 2015, this action was dismissed for plaintiff’s failure to pay the filing fee.
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Plaintiff has filed a motion asking that the court “re-open” his case because officials at his prison
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are refusing to pay the filing fee. Prison officials are not required by law to pay the filing fee for
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plaintiff. To the extent plaintiff asserts officials are simply failing to forward money belonging to
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plaintiff to the court in order to satisfy the filing fee, the court notes that on March 26, 2015,
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plaintiff indicated, under the penalty of perjury, that he has no money in his prison trust account
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and has not had any money for three years. In light of these facts, IT IS HEREBY ORDERED
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that plaintiff’s motion to “re-open” his case is denied.
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Dated: May 21, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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1/barg0124.reo
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