Dearwester v. California Department of Corrections and Rehabilitation et al

Filing 25

ORDER signed by Magistrate Judge Dennis M. Cota on 08/24/21 DENYING 24 plaintiff's Motion. (Plummer, M)

Case 2:15-cv-00443-KJM-DMC Document 25 Filed 08/25/21 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Plaintiff,

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No. 2:15-CV-0443-KJM-DMC-P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to

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42 U.S.C. § 1983. Final judgment was entered on January 29, 2021, and this case is closed.

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Pending before the Court is Plaintiff’s motion, ECF No. 24, entitled “Ex Parte Motion for the

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Disposition of Fines.”
Plaintiff seeks relief from this Court pursuant to California Penal Code § 1205(a).

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See ECF No. 74. Section 1205(a) permits the state trial court to direct imprisonment for

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nonpayment of fines. See Cal. Penal Code § 1205(a). According to Plaintiff, the $350.00 filing

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fee imposed by this Court upon granting him in forma pauperis status, constitutes a “fine.” ECF

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No. 74. Plaintiff is mistaken. In any event, this Court does not have jurisdiction to provide relief

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under § 1205(a).

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Case 2:15-cv-00443-KJM-DMC Document 25 Filed 08/25/21 Page 2 of 2
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion, ECF No. 24, is

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denied.

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Dated: August 24, 2021
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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