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)
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
Plaintiff,
13
14
No. 2:15-cv-0221 CKD P
v.
ORDER
CDCR,
15
Defendants.
16
On May 12, 2015, this action was dismissed for plaintiff’s failure to pay the filing fee.
17
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, in a document filed in case No. 2:15-cv-0124
23
CKD P that he has no money in his prison trust account and has not had any money for three
24
years.
25
/////
26
/////
27
/////
28
/////
1
In light of these facts, IT IS HEREBY ORDERED that plaintiff’s motion to “re-open” his
2
case is denied.
3
Dated: June 1, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
4
5
6
7
8
9
1
barg0221.reo
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?