Barger v. Trust Office et al

Filing 32

ORDER denying 31 Motion to reopen case signed by Magistrate Judge Carolyn K. Delaney on 05/21/15. (Plummer, M)

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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 GARY DALE BARGER, 12 13 14 No. 2:15-cv-0124 CKD P Plaintiff, v. ORDER TRUST OFFICE, et al., 15 Defendants. 16 17 On April 8, 2015, this action was dismissed for plaintiff’s failure to pay the filing fee. 18 Plaintiff has filed a motion asking that the court “re-open” his case because officials at his prison 19 are refusing to pay the filing fee. Prison officials are not required by law to pay the filing fee for 20 plaintiff. To the extent plaintiff asserts officials are simply failing to forward money belonging to 21 plaintiff to the court in order to satisfy the filing fee, the court notes that on March 26, 2015, 22 plaintiff indicated, under the penalty of perjury, that he has no money in his prison trust account 23 and has not had any money for three years. In light of these facts, IT IS HEREBY ORDERED 24 that plaintiff’s motion to “re-open” his case is denied. 25 Dated: May 21, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 26 27 28 1/barg0124.reo

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