Mitchell v. Tseng, et al.

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 9/6/2017 DENYING plaintiff's 17 , 18 motions to waive the remainder of the filing fee. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDY DALE MITCHELL,

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No. 2:15-cv-1029 GEB AC P

Plaintiff,

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v.

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S. TSENG, et al.,

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ORDER

Defendants.

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By order filed May 13, 2016, the complaint in this action was dismissed without leave to

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amend because it failed to state a claim. ECF Nos. 12, 15. Plaintiff has now filed two motions

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requesting that the court order the California Department of Corrections and Rehabilitation to

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stop withdrawing money for the filing fee from his trust account. ECF Nos. 17, 18. He asserts

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that after his health issues worsened, he filed a motion to withdraw the complaint that has never

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been addressed. Id.

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The court never received a motion to withdraw in this case, and while the court is

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sympathetic to plaintiff’s health issues, he chose to initiate this case and the court was required to

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spend time obtaining his in forma pauperis application and screening the complaint. ECF Nos. 6,

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9, 12. Plaintiff fails to specify when the motion was sent so that the court can determine whether,

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had it been received, it would have been received prior to screening the complaint. Finally,

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plaintiff is not relieved of his obligation to pay the filing fee simply because he decided he no
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longer wanted to pursue this action.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to waive the remainder

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of the filing fee (ECF Nos. 17, 18) are denied.

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DATED: September 6, 2017

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