Anderson v. Mendoza et al

Filing 38

ORDER signed by Magistrate Judge Deborah Barnes on 11/12/2019 DENYING without prejudice 36 Motion to Reimburse. (Henshaw, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC ANDERSON, 12 13 14 No. 2:17-cv-1244 KJM DB P Plaintiff, v. ORDER B. MENDOZA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action 18 pursuant to 42 U.S.C. § 1983. On December 12, 2020, the undersigned recommended that 19 defendants’ motion to dismiss be granted. (ECF No. 22.) Thereafter, the District Judge assigned 20 to this case adopted the recommendations, the case was dismissed, and judgment was entered. 21 (ECF Nos. 26, 27.) Presently before the court is plaintiff’s motion to reimburse overpayment of 22 the filing fee. (ECF No. 36.) Plaintiff’s one-page motions states that the court mistakenly took 23 approximately $76.00 more than the $350.00 filing fee. Plaintiff requests that $76.00 be credited 24 to his trust account. 25 Plaintiff’s motion to proceed in forma pauperis was granted on January 25, 2018. (ECF 26 No. 7.) Plaintiff was informed that he would be assessed an initial partial filing fee and thereafter 27 monthly payments would be sent to the Clerk of the Court until the filing fee was paid in full. 28 (Id. at 1-2.) Additionally, an order was sent to the California Department of Corrections and 1 Rehabilitation (CDCR) stating that CDCR is required to send the Clerk of the Court an initial 2 partial filing fee and payments from plaintiff’s prison trust account each time the amount in the 3 account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. (ECF No. 8.) The court is unable to grant plaintiff’s motion without documentation showing the alleged 4 5 overpayment. Therefore, the court will deny the motion at this time. However, plaintiff may 6 refile the motion along with copies of his prison trust account statements showing that he has paid 7 the entire filing fee as well as the extra $76.00. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to reimburse (ECF No. 8 9 10 36) is denied without prejudice. Dated: November 12, 2019 11 12 13 14 15 16 17 18 19 DB:12 20 DB:1/Orders.Prisoner.Civil.Rights/ande1244.fee 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?