Barger v. Director of OPS of CDCR

Filing 28

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/1/2015 DENYING plaintiff's 27 motion to "re-open" his case. (Yin, K)

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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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Plaintiff,

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No. 2:15-cv-0221 CKD P

v.

ORDER

CDCR,

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Defendants.

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On May 12, 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, in a document filed in case No. 2:15-cv-0124

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CKD P that he has no money in his prison trust account and has not had any money for three

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years.

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In light of these facts, IT IS HEREBY ORDERED that plaintiff’s motion to “re-open” his

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case is denied.

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Dated: June 1, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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barg0221.reo

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